MOHINDER SINGH Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) Respondent 2 is the landlord of the premises of which the petitioner is the tenant. The landlord applied to the Competent Authority (Respondent 1) for permission to institute proceedings against the tenant for eviction from the premises. Initially, the permission was granted by the Competent Authority under lection 19(3) of the Slum Areasi Improvement and Clearance) Act, 1956 (hereinafter called the Act) by an order which was exparte against the tenant. The said order was let aside by the Competent Authority on 5th May, 1970 after bearing the parties on the ground that the tenant bad not been served with the notice of the application of the landlord. The order dated 5th May. 1970 has become final between the parties as it has not been challenged by the landlord. After the proceedings were reopened the landlord informed the Competent Authority that she had already filed her own affidavit as also the supporting affidavits to prove her case. The tenant filed his Written statement in opposition to the application of the landlord. The case was then fixed for the evidence of the tenant in the form of supporting affidavits. Instead of adducing his evidence in the form of supporting affidavits, the tenant made: an application under section 151 Civil Procedure Code en 30th October,. 1970. He stated therein that the application for eviction of the tenant bad already been filed by the landlord against the tenant on the strength of the original order granting permission to the landlord. Even though the original order granting permission had been set aside by the Competent Authority, the Rent Controller passed an order dated 19th October, 1970 holding that the original ex-parte permistion granted by the Competent Authority was still valid and binding be ween the perties. The tenant, therefore, made the following prayer in paragraph 6 of the-application :-

(2.) . The present petition under Article 227 of the Constitution has been. filed by: the tenant against a part of the order dated 2nd December, 1970. He prays that the words "permission granted stands" should be deleted from the said order. He does not challenge the rest of the order.

(3.) . The petition is opposed by the landlord on the ground that the impugned order had been passed at the instance of the tenant himself and that he cannot complain against.