MURLIDHAR AGGARWAL Vs. MAHENDRA PRATAP KAKAN

JUDGEMENT

(1.) The present appeal calls in question the correctness of the Judgment and Order dtd. 9/1/2013 in Writ-A No. 8508 of 1999 passed by the High Court of Judicature at Allahabad. By the said Judgment and Order, the High Court dismissed the Writ Petition of the appellant and confirmed the order of the Appellate Authority. The Appellate Authority had reversed the order of the Prescribed Authority dtd. 20/12/1983 by which the Prescribed Authority had allowed the application of the appellant and ordered the eviction of the respondent-Ram Agya Singh on the ground of bona fide need.

(2.) On 13/10/1952, the respondents entered the suit property by virtue of a lease deed executed by one Ram Swarup Gupta, the then owner of the suit property. The lease was for a period of 10 years. The predecessor-in-interest of the present appellant, one Shri Murlidhar Aggarwal purchased the suit property on 26/3/1962. The suit property is a Cinema building situated at 31, Shiv Charan Lal Road, Allahabad, popularly known as Mansarovar Palace, along with its furniture, fixture and fittings.

(3.) There is a previous round of litigation which requires a brief mention. Case No. 124 of 1965 was instituted by Murlidhar Aggarwal seeking eviction under Sec. 7A of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 (for short '1947 Act'). An order of eviction was made by the Additional District Magistrate which was confirmed by the Additional Commissioner. On a revision filed under Sec. 7F of the 1947 Act, the tenants succeeded in getting the eviction order set aside by filing a representation before the State Government. Though the learned Single Judge at the behest of Shri Murlidhar Aggarwal quashed the order of the State Government, the Division Bench reversed the order and this Court, by a judgment reported in Murlidhar Aggarwal v. State of U.P., (1974) 2 SCC 472, confirmed the order of the Division Bench. The net result was that the proceedings came to an end and the tenants continued to occupy the premises.