SHEELA JAIN Vs. IST ADDITIONAL DISTRICT JUDGE NAINITAL

JUDGEMENT

(1.) :-

(2.) THIS is a petition under Article 226 of the Constitution of India. Suit No. 129 of 1974 was filed by the opposite party No. 3, Suresh Chandra Sharma against one Kulwant Rai. Opposite party No. 3 is the landlord. Kulwant Rai was the tenant of the premises in suit. After decision by the revisional court Kulwant Rai died and as such the petitioners are the heirs of Kulwant Rai. The Judge Small Causes Court held that the tenant was entitled to the benefit of Section 20 (4) of U. P. Urban Buildings (Regulations of Letting, Rent and Eviction) Act, 1972, U. P. Act XIII of 1972, hereinafter referred to as the Act, and hence the suit was decreed as regard the arrears of rent but the relief for ejectment was not granted. The judgment of the Judge Small Causes Court is dated 3-2-1976. Against the said judgment Kulwant Rai filed a revision under Section 25 of the Provincial Small Causes Court Act. The 1st Additional District Judge, Nainital by judgment dated 30-5-1977 allowed the revision and remanded the case to the court below after holding that Kulwant Rai was not entitled to the benefit of Section 20 (4) of the Act. The judgment dated 30-5-1977 was thereafter challenged by Kulwant Rai by filing a revision in this court. The revision was held to be not maintainable in view of the Full Bench decision of this Court. Thereafter the present petition has been filed by the heirs of Kulwant Rai.