SWATANTRA KUMAR & ORS. Vs. SACCHIDANAND JAISWAL

JUDGEMENT

(1.) THE tenant has filed this petition for quashing the order dated 29th May, 2008 passed by the Prescribed Authority by which the application filed by the landlord under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act') for release of the shop in dispute was allowed. The petitioner has also sought the quashing of the judgment and order dated 30th November, 2011 by which the appeal filed by the tenant against the aforesaid order has been dismissed.

(2.) THE application was filed by the landlord under Section 21(1)(a) of the Act on 22nd January, 2007 with the allegation that the tenanted property which had been purchased by him by means of the sale deeds dated 19th September, 1991 and 9th April, 2001 was bona fide required by the landlord. The tenant filed objections to the aforesaid application but did not take any specific plea that six months' notice as is required to be served on the tenant under the first proviso to Section 21(1) of the Act had not been served on him. The Prescribed Authority allowed the application filed by the landlord by the order dated 29th May, 2008 against which an Appeal was filed under Section 22 of the Act which was dismissed by the judgment and order dated 20th August, 2010. The petitioner filed Writ Petition No.68967 of 2010 to assail both these orders dated 29th May, 2008 and 20th August, 2010. This petition was allowed by the judgment and order dated 29th November, 2010 with a direction to the Appellate Court to determine whether there was a waiver of six months' notice by the tenant. The said judgment is quoted below:

(3.) THE Appellate Court by the judgment and order dated 30th November, 2011 has dismissed the Appeal holding that the tenant had waived the right regarding service of such notice because such an objection was not taken by the tenant in the objections filed by him to the application filed by the landlord under Section 21(1)(a) of the Act.