DHAN KUMAR Vs. MUSADDI LAL JAIN

JUDGEMENT

(1.) This is the tenant's petition filed under Article 227 of the Constitution of India against order dated Sep. 14, 1972, of respondent No. 3, the Competent Authority constituted under the Slum Areas (Improvement & Clearance) Act 1956 (for short 'the Act'). By this order, the competent authority granted permission to respondent No. I, the landlord of the permises, to file proceedings for eviction against the petitioner.

(2.) The petition under S. 19 of the Act was filed on Dec. 24, 1970. It was against the petitioner and his brother Gopi Chand. both of whom were stated to be the joint tenants. Gopi Chand did not contest the petition as it appears he bad acquired an alternative accommodation. The petition was contested only by Dhan Kumar, the petitioner now before me.

(3.) At the outset it was pointed out by Mr. Y.K. Jain, learned counsel for the petitioner, about the futility of hearing this petition after 16 years of the Impugned order and by this time the status of the petitioner tenant might have improved or even he might have sufferred in his financial status. But, then this is the stage of justice and even if the landlord succeeds the parties will have another round of litigation before the Rent Controller. However, this should not detain me in hearing and deciding the matter on the basis of the law as it is.