MUNNI LAL Vs. PRESCRIBED AUTHORITY AGRA AND ORS

JUDGEMENT

(1.) The tenant-Petitioner has filed this petition for quashing of the proceedings of P.A. Case No. 25 of 1983 (Hari Bhagwan v. Munni Lal) pending before the Prescribed Authority, Agra.

(2.) The Petitioner is in occupation of a portion of a residential house No. 9/201 Moti Katra, Agra, of which Hari Bhagwan Bansal is the owner-landlord. A, release application Under Section 21(1)(a) of U.P. Urban Buildings (Regulation, of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) was filed by the landlord on July 6, 1983, for release of the premises in occupation of the Petitioner on the ground that the same were bonafide required for his personal use. This application was registered as P.A. Case No. 25 of 1983 and is pending before the Prescribed Authority, Agra. Subsequently on September 9, 1991, the landlord filed a release application Under Section 16(1)(b) read with Section 12 of the Act against the Petitioner Munni Lal before the Rent Control & Eviction Officer for release of the premises in his favour on the ground that the Petitioner had closed his business and had removed all his goods from the premises and the same were lying vacant. It was also asserted that the Petitioner had acquired another residential building bearing No. 9/885 Gali Koliba in vacant state.

(3.) The contention of the Petitioner is that in view of the allegations made by the landlord in the release application filed by him Under Section 16(1)(b) of the Act the proceedings Under Section 21(1)(a) of the Act have ceased to be maintainable and both the proceedings cannot simultaneously go on. The Petitioner has thus sought quashing of the proceedings of the case Under Section 21(1)(a) of the Act, before the Prescribed Authority.