LAWS(ALL)-1973-2-27

JAI PRAKASH Vs. PRAMOD KUMAR

Decided On February 12, 1973
JAI PRAKASH Appellant
V/S
Pramod Kumar and Ors. Respondents

JUDGEMENT

(1.) WE find no infirmity in the impugned order releasing the accommodation in question in favour of the landlord. The Prescribed Authority as well as the Addl. District Judge have directed the petitioner tenant to vacate the premises and hand over vacant possession to the landlord within 15 days from the date of the impugned order. Under Sub -section (6) of Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, a tenancy cannot be determined before the expiry of 80 days from the date of order. Hence a tenant cannot be ejected prior to the expiry of 30 days from the date of the order of eviction passed under Sub -section (1) or (2) of Section 21 of the Act. We dismiss this petition with the observation that the petitioner shall not be evicted before the expiry of 30 days from the date of order of eviction.