RAM BACHANI Vs. ADDITIONAL DISTRICT JUDGE LUCKNOW

JUDGEMENT

(1.) By means of the present writ petition, the petitioner has challenged the order dtd. 13/10/2009 passed by Additional District Judge, Lucknow thereby dismissing the appeal against the order passed by the prescribed authority under the Public Premises Act, 1971 (herein after referred to as the 'Act of 1971') and also the order dtd. 3/10/2002 passed by the Prescribed Authority/Estate Officer, Central Bank of India, Zonal Officer, Bhopal.

(2.) The facts necessary for deciding present controversy shown any unnecessary details are that the respondent, Central Bank of India, is the landlord of the premises situated at 73, Hazratganj, Lucknow and Jawahar Lal Bhargawa, predecessor in interest of the petitioner was the tenant of the north eastern portion of the ground floor of the said premises. In 1976, the respondent Bank had moved an application for release of the premises in the tenancy of Jawahar Lal Bhargawa before the prescribed authority under the Uttar Pradesh Urban Building (Regulation and Letting and Rent and Eviction) Act, 1972 being in urgent need of the premises. The said application was dismissed by order dtd. 1/9/1976.

(3.) Aggrieved by the said order, an appeal was preferred by the respondent-bank. During the pendency of the appeal, certain amendments came into effect in the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and an application was moved on behalf of Jawahar Lal Bhargava that the remedy for eviction lay before the prescribed authority under the said Act and consequently on the said assertion, the appeal was dismissed. The suit for eviction was also filed in the Court of Small Causes Act, Lucknow wherein SCC Suit No. 583/1980 was registered, the same was also dismissed on 31/3/1982.