RAM AUTAR Vs. LAXMI NARAYAN

JUDGEMENT

(1.) This petition preferred under Article 227 of the Constitution of India has been filed by three brothers. Ram Avtar, Roshan Lal and Daulat Ram, who were the repondents to an eviction petition filed by the respondent landlord on the 12th March, 1964. The respondent had sought the eviction of the present petitioners on the ground of bona-fide necessity. The original application was amended on the 28th January, 1966 and Ram Autar and Roshan Lal, present petitioners, were also arrayed as respondents. The Additional Rent Controller after recording evidence and hearing the parties, passed an eviction order in favour of the present respondent against the petitioners before me on the 25th November, 1966.

(2.) An appeal was filed by the petitioners under section 38 of Act 59 of 1958 which was dismissed by the Rent Control Tribunal and the order of eviction passed against them was affirmed.

(3.) An application was filed by the respondent Laxmi Narain on the 14th May, 1968 under section 19 of the Slum Areas (Improvement and Clearance) Act 1956 (hereafter called the Act) after the appeal filed by the petitioners against the order ? directing their eviction had been dismissed by the Rent Control Tribunal. The application was filed before the Competent Authority acting under that Act. It was stated in the application that the respondent was seeking the permission under section 19 (1) (b) of the said Act for executing the order of eviction passed on the 26th November, 1966 against which an appeal taken to the Rent Conttol Tribunal had been dismissed on the 19th March, 1968.