JAGJIT PRAKASH Vs. PRESCRIBED AUTHORITY BULANDSHAHR

JUDGEMENT

(1.) : -

(2.) THE petitioner is the landlord of an accommodation of which respondents 2 to 5 were the tenants. THE petitioner landlord applied for and obtined permission to file a suit for the ejectment of the tenants. This order was confirmed by the Commissioner in revision on 24th September, 1971. THE tenant went up to the State Government in revision but the same was dismissed on the 26th May, 1972.

(3.) AT this stage sole question of law is whether an application under clause (rr) of Section 43 (2) of the Act is maintainable even though a suit filed on the basis of the permission under section 3 of U. P. Act No. 3 of 1947 may be pending disposal in the Civil Court. Clause (rr) reads as follows :-