S.D.Agarwala - (1.) THIS is a petition under Article 226 of the Constitution of India arising out of proceedings under section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, (hereinafter referred to as the Act).
(2.) THE property in question is a portion of house situate at Station Road Moradabad. It consists of two bed rooms, store room, kitchen, varandahs, latrine and bathroom situate on the ground floor in the northern portion of the house. THE petitioner Shri Ram is the landlord. Ram Prakash is the tenant at the rate of Rs.80/- per mensum. It is alleged that the building in question was constructed in the year 1964-65 and, thereafter, Ram Prakash was inducted as a tenant on a monthly rent of Rs.80/- per mensum. A suit for ejectment was filed against the tenant in the year 1972. This suit was decreed by the Judge Small Causes Court on 12th November, 1975. Against the said decree, a revision was filed. The revisional court dismissed the revision on 13th November, 1979. The revisional order was challenged in writ no. 9528 of 1979. This petition was allowed by the High Court by its judgment dated 12th March, 1980 as by that time the Act became applicable to the building in question. The petitioner landlord, thereafter, filed an application under section 21 of the Act on the ground of bonafide personal need. This application was filed in the year 1980. This release application was dismissed by the Prescribed Authority by its order dated 3-11-1981. An appeal was filed under section 22 of the Act against the order dated 3-11-1981. The appeal was also dismissed by the Appellate Authority on 6th September, 1986.
(3.) IT is against the orders of the Prescribed Authority as well as the Appellate Authority that the present petition has has been filed in this court. I have heard learned counsel for the parties.;