S. D. Agarwala, J. - (1.) THESE are two petitions under Article 226 of the Constitution of India arising out of proceedings under the U. P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, U. P. Act No. XIII of 1972, hereinafter referred to as the 1972 Act. Writ petition no. 343 of 1985 filed by the tenant is directed against the order dated 15th September, 1984 passed by the 1st Additional Civil Judge, Kanpur. Writ petition no. 16971 of 1984 directed against the order dated 13-11-1984 passed by the 1st Additional Civil Judge, Kanpur has been filed by the landlady. Since both these petitions relate to the same property, they are being decided by a common judgment.
(2.) SMT. Raj Kumari Kapoor is the landlady of a shop situate in the ground floor of premises no. 48/84, Generalganj, Kanpur. The tenants are the firm M/s. Bhola Nath Kashi Nath and its proprietor Sri Kashi Nath Kapoor. In 1971 a suit no. 1230 of 1971 was filed by the landlady for ejectment and recovery of arrears of rent against the tenants on the ground of default as contemplated by the U. P. Temporary (Control of Rent and Eviction) Act, 1947, U. P. Act 3 of 1947, hereinafter referred to as the 1947 Act. This suit was decreed on 7-5-75. The decree of the trial court dated 7-5-1975 was challenged in a revision under section 25 of the U. P. Provincial Small Causes Court Act. This revision came up for hearing before the IVth Additional District Judge, Kanpur. The revision was dismissed. The tenants thereafter filed a revision before the High Court. The revision was dismissed as not maintainable. Since the revision was' dismissed as not maintainable the tenants filed a writ petition in the High Court being writ petition no. 5803 of 1979. Writ petition no. 5803 of 1979 came up for hearing before Hon'ble Mr. Justice Deoki Nandan (as he then was) who by his judgment dated 17th December 1980 dismissed the petition. The effect was that the decree for ejectment passed by the trial court became final by the High Court and it was held that the tenants were defaulters within the meaning of 1947 Act.
(3.) THE judgment of this court dated 17-12-1980 was challenged in special leave petition before the Hon'ble Supreme Court of India and the tenants obtained an interim order on 12-2-1982 staying the execution of the decree. The above mentioned facts relate to one set of proceedings taken for eviction of the tenants. The landlady also filed application under section 3 of 1947 Act for permission to file a suit for ejectment. These proceedings were initiated in the year 1970. The application was allowed by the Rent Control and Eviction Officer subject to certain conditions. The landlady preferred a revision under section 3 (2) of 1947 Act before the Commissioner, Allahabad Division, Allahabad. The revision was allowed by the Commissioner, Allahabad Division, Allahabad.;