KULBHUSHAN SINGH AND OTHERS Vs. IIIRD ADDL. DISTRICT & SESSIONS JUDGE, GHAZIAPUR AND OTHERS
LAWS(ALL)-1987-4-85
HIGH COURT OF ALLAHABAD
Decided on April 20,1987

Kulbhushan Singh And Others Appellant
VERSUS
Iiird Addl. District And Sessions Judge, Ghaziapur And Others Respondents

JUDGEMENT

Ravi S. Dhawan, J. - (1.) The tenants are facing eviction in persuance of an application under Section 21 of U.P. Act XIII of 1972 by which the landlords sought release of the premises at No. 268, Mohalla Miyapura, City Ghazipur. The Prescribed Authority granted release of the premises and the eviction of the tenants the petitioners before this court, by an order, of 13th January, 1984 in Rent Case No. 72/83. The tenants, filed an appeal before IIIrd Addl. District and Sessions Judge. This was Rent Control Appeal No. 2 of 1984. The District Judge, aforesaid, affirmed the order of the Prescribed Authority by a judgment or 23rd January, 1987 directing eviction of the tenants within a period of three months from the date of the judgment.
(2.) The tenants permitted three months to pass and utilise the time o,anted by the District Judge in appeal, and did not deliver vacant possession to the landlord, but have come before this court in a petition under Article 226 of the Constitution of India.
(3.) The District Judge in appeal while affirming the order of the Prescribed Authority issued a commission for inspection of the accommodation available to the parties. The District Judge also inspected the premises, the release of which was sought and the alternate accommodation suggested by the tenants, as also the house which are owned by the tenants.;


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