NAVEEN CHANDRA SHARMA Vs. SIXTH ADDITIONAL DISTRICT AND SESSIONS JUDGE MEERUT

JUDGEMENT

(1.) THE question which falls for determination in this petition is whether a contract of tenancy entered into after the coming into force of the U. P. Act No. 13 of 1972 is enforceable at law at the instance of the lessor and a decree for ejectment and rent can be passed against the lessee in respect of an accommodation governed by the aforesaid Act. Both the courts below have answered this question in the negative relying on the provisions of the aforesaid enactment expressly prohibiting letting out of an accommodation otherwise than under an order of allotment. THE petitioner, who is the lessor, contends that the view taken by the courts below is wrong. THE submission is that the contract even if it does not bind the authorities, is fully binding upon the parties to it.

(2.) HAVING heard learned counsel for the parties, I find no merit in the above contention. In my opinion the courts below have rightly refused to grant any relief to the plaintiff. I proceed to give my reasons below. Before I do that the relevant facts which lie within a narrow compass may be set out in brief.

(3.) THE aforesaid application was contested by the petitioner. THE preliminary issue was, however, answered against the petitioner by the learned Judge Small Cause Court by an order dated 2-8-1979 by which he not only upheld the preliminary objection but also dismissed the suit itself as not maintainable.