- (1.) The petitioner is a tenant of house No. 94/96, Ganj Bazar, Meerut Cantt. since 1951. Respondent No. 2 is the landlord of the house. He made an application under Section 14 of the U.P. Contonment Control of Rent and Eviction Act, 1952, praying for permission to file a suit in the Civil Court for ejectment of the petitioner. The petitioner contested the application and the Rent Control Officer rejected it by his order dated 5.7.1962, holding that the accommodation in the occupation of the respondent was sufficient for his use and his need was not genuine (Annexure C to the petition). Six months after another application was made by respondent No. 2 for permission to file a suit for the ejectment allowed by another Rent Control and Eviction Officer, Meerut on 16.12.1963 and he was permitted to file a civil suit for the eviction of the petitioner one year after the date of the order, hence this writ petition.
(2.) Learned counsel for the petitioner has urged that as respondent No. 2 has not mentioned any fresh ground in any subsequent application for permission to sue and as there was no change in the circumstances which prevailed at the time when his first application was dismissed on merits, the respondents No. 2 committed an error in giving a contrary finding in his subsequent order on the same facts and same set of circumstances by completely ignoring the previous order. The allegation that the second application for permission was based on the same facts and that there was no change in the circumstances has been made by the petitioner on affidavit and there is no counter-affidavit by respondent No. 2 traversing those allegations.
(3.) On 17.8.1965 an order was passed by this Court, after hearing the parties, staying further proceedings in suit No. 430 of 1965, pending in the Court of the IV Additional Munsif, Meerut, which had been filed on the basis of the permission granted by the Rent Control and Eviction Officer.;