NARAIN DAS Vs. PUKKHA

JUDGEMENT

(1.) This is landlords' writ petition. The only point involved in this writ petition is as to whether Sri S. C. Srivastava, Munsif Magistrate had Jurisdiction to act as prescribed authority under U. P. Rent Control Act (U. P. Act No. 13 of 1972) on 8.10.1977, when he allowed the release application No. 201 of 1974 filed by petitioner landlord against tenant respondent under Section 21 of the Act. Against the aforesaid order dated 8.10.1977 an appeal was filed by the tenant which was allowed by District Judge, Jhansi against which landlord earlier filed a writ petition being Writ Petition No. 10115 of 1978. The said writ petition was allowed on 27.2.1980 and matter was remanded to District Judge for hearing and deciding the appeal afresh. It was only after remand that the tenant raised the question of jurisdiction before the appellate court. The appellate court accepted the plea of want of Jurisdiction of Sri S. C. Srivastava raised by the tenant in appeal and by order dated 17.5.1982 again allowed the appeal (Rent Control Appeal No. 9 of 1979) and set aside the order dated 8.10.1977 passed by prescribed authority/Sri S. C. Srivastava, Munsif allowing the release application of landlord petitioner. The appeal was allowed only and only on the question of jurisdiction without touching the merits of the case.

(2.) U. P. Act No. 13 of 1972 became applicable in Uttar Pradesh, w.e.f. 15.7.1972. Section 3 (e) of the said Act defined prescribed authority as Magistrate of the first class authorised by the District Magistrate to act as prescribed authority under the Act. Thereafter w.e.f. 20.7.1974 the said definition was amended by U. P. Act No. 19 of 1974 and it was provided that prescribed authority means an officer having three years or more experience as a Munsif Magistrate or Executive Magistrate authorised by the State Government to act as prescribed authority. The definition was further amended by U. P. Act No. 28 of 1976, w.e.f. 5.7.1976. After the said amendment of 1976 (which is continuing till date) prescribed authority means a Civil, Judicial Officer or Judicial Magistrate authorised by the District Judge to act as prescribed authority under the Act. There is no dispute that by order dated 5.8.1976. passed by District Judge, Jhansi (copy of which is Annexure-8 to the writ petition) Sri S. C. Srivastava had been authorised to act as prescribed authority.

(3.) Building in dispute is situate in Jhansi cantonment. Central Government by S.R.O. 259, dated 1.9.1973, provided that: