SUDHAMAYEE SINGH Vs. IVTH ADDL DISTRICT JUDGE FAIZABAD

JUDGEMENT

(1.) JAGDISH lihalla, J. This writ peti tion is directed against the judgment dated 1-3-2001 passed by the IVth Additional District Judge in civil revision No. 12 of 1994 (Sardar Bhagat Singh v. Smt. Sud hamayee), whereby the judgment and decree dated 4-4-1994 passed by the Prescribed Authority was set aside and the petitioner/defendant was directed to va cate the premises within 30 days from the date of judgment.

(2.) PETITIONER is a tenant of small ac commodation from last 20 years. The landlord had filed an application for eject ment under Section 20 (2) (c) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) on the ground that the petitioner has covered the area of verandah by building 5 feet wall and put-ling windows on it and in the process has changed the verandah into a room and the said construction has been done without the permission of the landlord in con travention of the provisions of the Act. Before filing the said application landlord opposite party No. 3 has given a notice under Section 106 of the Transfer of Property Act on 10-11-1983 to the petitioner for vacating the premises within a period of 30 days. However, after the expiry of 30 days a suit was filed by the landlord on 26-4-1984. The Prescribed Authority dismissed the suit on the ground that notice under Section 106 of the T. P. Act was a defective one. However, the Prescribed Authority recorded its finding that without permission of the landlord the walls were raised and verandah was converted into a room and in the process the petitioner has changed the utility of the verandah and the beauty and utility has been changed and by doing so the residen tial accommodation has become just like a go-down. The finding was not challenged by the petitioner.

(3.) FROM the perusal of paragraph 15 it is crystal clear that: 'a tenant is entitled to stay as tenant for thirty days after the receipt of a notice from the lessor to determine the lease under Section 106. When the lessor terminates that lease with ef fect from the date of notice, the grace allowed to the lessee to stay. '