DARSHAN DEVI Vs. USHA RANI

JUDGEMENT

(1.) S. U. Khan, J. Landlord respondent has filed a release application under Section 21 of the U. P. Act No. 13 of 1972 against tenant petitioner which is registered as U. P. U. B. Case No. 30 of 2002 on the file of Additional Civil Judge (S. D.), Court No. 1/prescribed Authority, Aligarh.

(2.) THE premises in dispute was purchased by landlord respondent on 13-2-1990. THE release application has been filed after 12 years of purchase. Tenant petitioner moved an application to the effect that as admittedly no notice of six months as required by first proviso to Section 21 (1) of the Act was given to the tenant before filing the release application, hence, release application was not maintainable and it should be rejected forthwith. THE Prescribed Authority by order dated 16-4-2003 rejected the said application of the tenant holding that there was no requirement of the notice if release application was filed after about 12 years of the purchase. THE writ petition is directed against the said order.

(3.) IN the instant case as application itself was filed after about 12 years of purchase, hence, in view of the aforesaid authority of the Supreme Court, six months notice was not at all necessary. IN any case the authority of this Court on which reliance was placed by the Prescribed Authority in the impugned order Anwar Hussain Khan v. District Judge, Shahjahanpur, 2000 (1) JCLR 710 (All) : 2000 (38) ALR 682, has been approved by the Supreme Court in the judgment in AIR 2001 SC 2984.