MEWA LAL Vs. PRESCRIBED AUTHORITY AND OTHERS

JUDGEMENT

(1.) This is petition under Art. 226 of the Constitution directed against an order of the Prescribed Authority, Allahabad dated 9th Feb., 1973, evicting the petitioner Mewalal from the accommodation in dispute under Sec. 21 of the U. P. Urban Buildings (Regulations of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "1972" Act).

(2.) One Shrimati Narain Pyari was the owner of House No. 16 New Bairahna, Allahabad. A portion of that building has been in the tenancy of Mewalal, the petitioner. Shrimati Narain Pyari made an application for the grant of permission under Sec. 3 of the U. P. (Temporary) Control of Rent and Eviction Act, 1947 for permission to file a suit for petitioner's ejectment. During the pendency of those proceedings Shrimati Narain Pyari sold the entire house to Nandlal, respondent No. 3, sometime in 1970. Thereafter Nandlal became the landlord of the premises in question. In Dec., 1970 Nandlal made an application under Sec. 3 of U. P. (Temporary) Control of Rent and Eviction Act, 1947 (hereinafter referred to as the 1947 Act). The Rent Control and Eviction Officer by a detailed order dated 30th Aug., 1971 granted the necessary permission to respondent No. 3. Petitioner challenged that order before the Commissioner as well as before the State Government under Sec. 7-F of the Act but both the authorities dismissed the petitioner's claim and upheld the permission granted by the Rent Control and Eviction Officer in favour of the respondent No. 3. The order of the State Government under Sec. 7-F of the 1947 Act was passed on 20th Sept., 1972. The petitioner did not challenge that order before this Court under Art. 226 of the Constitution and the same was allowed to become final.

(3.) In the meantime the U. P. Urban Buildings (Regulations of Letting, Rent and Eviction) Act, 1972 was enforced on 15th July, 1972. Nandlal, respondent No. 3, did not file any suit for the petitioner's eviction instead he filed an application under Sec. 43(2) (rr) of the 1972 Act for evicting the petitioner. After hearing both the parties the Prescribed Authority Allahabad by his order dated 9th Feb., 1973, directed the petitioner's eviction. The petitioner, thereupon filed the present writ petition challenging the order of the Prescribed Authority dated 9th Feb., 1973.