S.Saghir Ahmad - (1.) THIS writ petition under Article 226 of the Constitution has been filed by a tenant who is in occupation of the first floor of House No. 4-B/4-D, Shanker Puri, Phoolbagh, P. S. Qaiserbagh, Lucknow. The ground floor of the said house is in the occupation of the landlords, namely, opposite parties nos. 1 and 2, who by their application dated 19th August, 1980 filed under Section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, (hereinafter to be referred to as Act had sought the eviction of the petitioner from the premises in question on the ground that they were in need of additional accommodation. THIS application was resisted by the petitioner who denied the case of the landlords and pleaded that the accommodation already in their occupation was sufficient for their needs. The parties exchanged their affidavits before the Prescribed Authority who disposed of the case by his judgment and order dated 12-11-84 contained in Annexure-18. The application was allowed and the petitioner was directed to vacate the premises on the expiry of thirty days from the date of judgment.
(2.) AN appeal was thereafter filed by the petitioner which was dismissed by the III Additional District Judge, Lucknow by his judgment and order dated 14th August, 1985. It is in these circumstances that the present petition has been filed. I have heard the learned counsel for the parties. One of the contentions raised by Sri K. B. Sinha, counsel for the petitioner, is that the Prescribed Authority as also the appellate court has relied upon the commissioner's report although the said report had not become final inasmuch as the objections filed against it were not disposed of by the Prescribed Authority and, therefore, the impugned judgments are vitiated.
(3.) THE respondents-landlords had pleaded in para 3 of their application as under :- " 3. That the portion occupied by the applicants comprises of two rooms (10'x 10' and 10'x 12'), two verandhas, kitchen, latrine, bathroom and sahan. THE portion in the tenancy of the opposite party on the first floor comprises of 2 rooms, 2 verandhas, latrine, bathroom and kitchen. " The extent of accommodation pleaded by the landlords was denied by the petitioner who, in his written statement (Annexure-2) stated as under :- " Denied as stated. The portion occupied by the applicant is 3 rooms, verandah, storeroom, one kothery, latrine, bathroom and kitchen, courtyard and a lawn, rooms are bigger sized than shown. The accommodation with opposite party is two rooms, latrine, bathroom and kitchen only. " ;