RAMA SHANKAR TEWARI Vs. DISTRICT JUDGE VARANASI

JUDGEMENT

(1.) PETITIONER , who happens to be a tenant of one room ground floor non -residential accommodation being part of House No. B -20/34, Bhelupura, Varanasi, has approached this Court under Article 226, Constitution of India seeking to challenge concurrent judgments and orders dated 16 -5 -2001 (Annexure -10 to the petition) passed by the Prescribed Authority under Section 21 (1)(a) -1st proviso, U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U.P. Act No. XIII of 1972 (for short called 'the Act'), and the appellate judgment and order of affirmance dated 19 -9 -2001 passed by Appellate Authority, respondent No. 1 (Annexure -12 to the petition).

(2.) CONTESTING respondent landlord is represented by his Counsel Sri P.K. Ganguli, Advocate who appeared as Counsel for the caveator applicant -respondent No. 2.

(3.) ON behalf of the Petitioner, following two submissions have been made. The Courts below committed manifest error in law apparent on the face of record in interpreting the first proviso of Section 21 (1)(a) of the Act. According to the petitioner, the said first proviso was applicable to the facts of present case since the landlord had purchased building with the petitioner as tenant after the commencement of the Act. Petitioner submitted that release application in the instant case was not maintainable since six months, period under the aforesaid proviso, had not expired inasmuch as the 'notice' of six months was received by the petitioner on August 29, 1996, but the release application was filed on 3 -3 -1997 i.e. before expiry of six months of receiving the notice.