GIRISH NATH PANDEY Vs. JAGAR NATH PANDEY

JUDGEMENT

(1.) THIS appeal by the tenant was heard by me at length and most of the controversies were decided in the order passed by me on 23rd of December, 1982. Two additional issues were framed and were remitted to the trial Court for its findings and the same have since been received in favour of the landlord. Objection against the findings has been filed by the Appellant and I have also heard parties Counsel at length. The issues remitted to the Court below were as under:

(2.) WHETHER on the material available on the record on 14 -7 -79 it was a fit case in which defence should be ordered to be struck off?

(3.) A plain reading of the Section will show that a legal fiction has been created by this provision in respect of those tenants who were in occupation of any building covered by the Act immediately before 5 -7 -1976 when the amending Act was enforced with the consent of the landlord, the only exception being that no suit or proceeding for eviction should be pending against such person on the date of such commencement. If this pre -condition was satisfied, though in contravention of Section 11 and without an allotment in his favour, his tenancy stood automatically regularised and it was not open for the parties to urge that on account of absence of allotment order, the contract of tenancy was void.