S.D.Agarwala - (1.) THIS is a petition under Article 226 of the Constitution of India arising out of proceedings under U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).
(2.) THE property in dispute is premises no. A-90, Prince Road, Gandhi Nagar, Moradabad. Kumar Chand Pant, respondent no. 3 is the landlord. THE petitioner Om Prakash Sharma was the tenant at the rate of Rs.400/- per mensum. Om Prakash Sharma died during the pendency of this petition and his heirs have been brought on record and they are prosecuting this petition. Kumar Chand Pant, the landlord respondent no. 3 filed an application under section 21 (1-A) of the Act for release of the premises in question on the ground that he was employed in the Education Department of the State of Uttar Pradesh. He has retired on 30th June, 1983. He had to vacate the public building allotted to him and as such, he was entitled to the benefit of section 21 (1-A) of the Act. This application was contested by the tenant. One of the main grounds taken by the petitioner tenant was that the landlord is occupying a. tenanted accommodation at Allahabad and as such, the provisions of section 21 (1-A) of the Act were not applicable in the instant case. It was further urged on behalf of the tenant petitioner that infact, the landlord wanted to sell the house and in order to obtain good price, he wanted to evict the petitioner so that the vacant possession may be handed over to the purchaser.
(3.) THE prescribed authority did not accept the contentions raised on behalf of the petitioner tenant and ultimately, held that the provisions of section 21 (1-A) of the Act was applicable and granted the release application by an order dated 28th May 1985. Aggrieved by this decision, the tenant filed an appeal under section 22 of the Act in the court of the District Judge, Moradabad. The District Judge, Moradabad by his judgment dated 13th January, 1986 dismissed the appeal. Three months time was granted to the petitioner to vacate the premises.;