MAHADEO PRASAD Vs. PRESCRIBED AUTHORITY

JUDGEMENT

(1.) THE present writ petition has been filed by the tenant against the rejection of his application under section 28(5) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. That Act is hereinafter referred to as the 'Act'.

(2.) THE facts of the case are that the respondent no. 2, landlord, gave the disputed premises in the tenancy of the petitioner by virtue of a compromise in a civil suit. In that compromise, the defendant was permitted to occupy the disputed portion at a rent of Rs. 6/- per month. Subsequently an application under section 21 of the Act was filed against the petitioner by the respondent no. 2 for his eviction. That application was initially allowed by the Prescribed Authority, but on appeal under section 22 of the Act, that judgment was set aside and the case was remanded for rehearing by the District Judge, Orai on 31-1-1979, In Rent Appeal No. 9 of 1979.