RATAN LAL BANSAL Vs. MOHD. JAVED AND OTHERS

JUDGEMENT

(1.) This is a writ petition filed by petitioner/tenant against the rejection of the application for stay during the pendency of appeal. The Word filed an application before the Prescribed Authority/Civil Judge (Junior Division), Kotdwar District Pauri Garhwal under Sec. 21 (1) (a) of the U.P. Act No. 13 of 1972 for release of the disputed premises. The application has allowed against which the petitioner/tenant has filed appeal under Sec. 22 of the U.P. Act No. 13 of 1972 which is pending for disposal, but the Appellate Court did not protect the right of the petitioner during the pendency of the appeal.

(2.) The learned Counsel for the petitioner submits that in case the petitioner is evicted, it will create further litigation and petitioner will have' to claim to be put back in possession in case the appeal is allowed which will multiply the proceedings. Therefore, he submitted that in the interest of justice the Appellate Court may be directed to decide the appeal within a period of one month from today and till then the petitioner/tenant may not be evicted from the disputed premises.

(3.) I find force in the contention of the learned Counsel for the petitioner. Therefore, I direct the Appellate Court to decide the appeal of the petitioner/ tenant within a period of one month from today and for one month the petitioner/ tenant shall not be evicted from the disputed premises.