S P JAIN Vs. KRISHNA MOHAN GUPTA

JUDGEMENT

(1.) In the administration of justice process often makes a mockery of the purpose. This appeal is an example of the same.

(2.) This appeal by special leave arises out of the judgment and order of the High Court of Allahabad dated 26th September, 1984. The question involved in this appeal is whether the appellant is entitled to take advantage of the procedure under S. 24-C, U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, as amended from time to time (hereinafter called the said Act) in respect of the first-floor of House No. 217-218 Machhli Bazar, Sadar, Meerut Cantonment, of which the appellant is the owner and the landlord. The first-floor of the said building was in the tenancy of respondent 1 on a monthly rent of Rs. 60/-. The appellant was at the relevant time posted as Superintendent, Military Farm, Meerut Contonment. In that capacity he was allotted Government quarter No. 47 belonging to the Union of India. On 8th November, 1979 he was given a notice to vacate the Government quarter by the Deputy Assistant Director intimating that since the appellant had his own house at Meerut Cantonment, he should vacate the government quarter allotted to him by the order dated 8th August, 1979. In view of that the appellant moved an application under S. 24-C of the said Act. It is the case of the appellant that he owns no other house except the one involved in the present appeal. Section 24-B(l) of the said Act which gives the right to move under S. 24-C of the said Act provides as follows:

(3.) In this appeal we are not concerned with other sub-sections and other provisos of the said section.