KRISHNA GOPAL MEHTA Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 read with Article 227 of the Constitution of India, the Petitioners (landlords) have sought writ in the nature of certiorari quashing the order dated 19.02,2000, passed by the revisional court (Addl. District Judge, Dehradun), in S.C.C. Revision No. 43 of 1996, whereby said court has affirmed the judgment and decree passed by the Judge, Small Cause Court/Civil Judge (Junior Division), Dehradun, in S.C.C. Suit No. 85 of 1972, dismissing the suit of ejectment against the tenants.

(2.) HEARD Learned Counsel for the parties and perused the affidavits, counter affidavit and rejoinder affidavit filed on behalf of the parties.

(3.) THE Defendants contested the suit before the trial court and filed their written statement. They challenged the validity of the notice allegedly served by the Plaintiffs. It is further pleaded in the written statement that provisions of UP. Act No. 13 of 1972, have been made applicable in Doiwala w.e.f. 23.01.1973. It is further pleaded in the written statement filed on behalf of the Defendants that before the present round of litigation, Suit No. 522 of 1964 was filed against the Defendants, and in said suit it was held that provisions of UP. Act No. 3 of 1947 i.e. United Provinces (Temporary) Control of Rent and Eviction Act, 1947, were applicable. When UP. Act No. 13 of 1972 came into force, it was made applicable to the municipal areas only. On its basis it is pleaded that before the provisions of UP. Act No. 13 of 1972 were made applicable on 23.01.1973 to Doiwala area, provisions of UP. Act No. 3 of 1947, remained in force. Consequently, it is pleaded by the Defendants that they were not liable to be evicted and entitled to protection under Section 20(4) of the UP. Act No. 13 of 1972.