RAJENDRA KUMAR AGARWAL Vs. KRISHNA GOPAL

JUDGEMENT

(1.) I fully agree with the learned counsel for the petitioner that the impugned orders i.e. order dated 3.10.2011 passed by Prescribed Authority/ J.S.C.C., Bareilly in P.A. Case No. 10 of 2011, Krishna Gopal v. Rajendra Kumar and order dated 21.4.2012 passed by lower appellate Court/Additional District Judge, Court No. 12, Bareilly are quite illegal. Landlord respondent purchased the property in dispute through sale deed dated 11.5.2009 and filed release application under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 on 20.4.2011 when even three years had not expired. Under first proviso to Section 21(1) of the Act the restriction is that for three years after purchase release application cannot be filed. Through order dated 3.10.2011, Prescribed Authority held that the release application was maintainable. Against order dated 3.10.2011, tenant petitioner filed appeal (Rent Civil Appeal No. 14 of 2011). A.D.J. Court No. 12, Bareilly dismissed the appeal through order dated 21.4.2012. The said orders have been challenged through this writ petition. Even on 21.4.2012 three years had not expired hence the said order was also wrong. While deciding the objection of the petitioner the three years' period had not expired hence release application should have been dismissed. In this regard the Courts below referred to the authorities of Martin & Harris Ltd. v. VIth Additional Distt. Judge and others, 1998 AIR(SC) 492 and Nirbhai Kumar v. Maya Devi, 2009 4 SCJ 351.

(2.) The Courts below completely misinterpreted both the authorities of the Supreme Court. Supreme Court has held that if release application is filed before expiry of three years then it may be taken to have rightly been filed after three years if it is pending till then. Supreme Court has not held that even if release application is filed within three years it shall be considered before the expiry of three years' period.

(3.) However the fact is that now three years' period has expired.