Rakesh Sharma, J. - (1.) HEARD Sri M.P. Yadav, learned Counsel for the revisionist -tenants and Sri S.P. Singh, advocate, who represents the Respondent -landlords.
(2.) THROUGH the present revision, the erstwhile U. P. State Electricity Board, now the U. P. Power Corporation Limited, has assailed the order dated 10.2.1998, passed by the IV Additional District Judge, Barabanki in S.C.C. suit No. 6 of 1983, P. M. L. Srivastava v. U. P. State Electricity Board. An S.C.C. suit No. 6 of 1983, was filed by one P. M. L. Srivastava (now dead and represented by L.Rs. in the present case) for recovery of arrears of rent and damages for use and occupation as also for eviction of the tenant from the premises, a bungalow situate in Mohalla Civil Lines, Barabanki. This bungalow is situate in front of the District Magistrate/Collector's residence in the main city of Barabanki. Earlier to the filing of the suit, the landlord had sought enhancement of rent and a formal order dated 18.6.1983 was passed by the Sub Divisional Magistrate, Nawabganj, Barabanki under Section 21(8) of the U. P. Act No. XIII of 1972 fixing Rs. 1,560 per month as rent of the premises, which was payable by the tenant with effect from 1.8.1979. The tenant had defaulted in making payment of this rent. He fell in arrears of rent and had not paid rent inspite of repeated demands. After a legal notice was served on the tenant on 6.7.1983 demanding arrears of rent and determining the tenancy, the aforesaid suit was filed. At the time of filing of the suit, the revisionist -tenant was in arrears of rent amounting to Rs. 75,140 to be paid with effect from 1.8.1979.
(3.) THE order dated 18.6.1983 enhancing the rent was challenged before the appellate court, i.e., III Additional District Judge, Barabanki, who dismissed the appeal on 3.3.1984. A writ petition was filed by the tenant in which a conditional order was passed by this Court on 30.8.1984 directing the tenant to pay Rs. 800 per month. However, this Court had observed that the proceedings for ejectment and recovery of arrears of rent may continue, but no final orders shall be passed. The writ petition filed by the tenant U. P. State Electricity Board was ultimately dismissed on 13.3.1985 and an S.L.P. No. 4143 of 1985, filed against the said judgment and order of the High Court was also dismissed on 23.8.1994.;