PUNJAB NATIONAL BANK Vs. SUGAN CHANDRA

JUDGEMENT

(1.) CERTAIN questions in these cases have been referred to larger Bench by learned Single Judge since there was doubt raised with regard to the correctness of the decisions of Division Bench in Om Kumar v. District Judge, Gorakhpur, 1980 ARC 144 and Union of India v. Rent Control & Eviction Officer, 1980 AWC 95 and the decision of learned single Judge in Civil Revision No. 712 of 1978 State Bank of India, Faizubad v. Sri Hari Narain decided on April 13, 1979.

(2.) FACTS relevant are common. The Petitioners are admittedly Public Sector corporations within the meaning of Section 3(p) of the Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 being corporations owned and controlled by the Government. The respective buildings are held by them under tenancy. The landlords have determined the tenancy by giving notice under Section 106, Transfer of Property Act. They instituted suits in the concerned Courts of Small Causes seeking the relief for eviction of these Corporations on the basis that the tenancy had been determined by notice besides the arrears of rent and damages for use and occupation. The suits Instituted were subsequent to the enforcement of the? U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) (Amendment) Act, 1976 on July 5, 1976. These were decreed by the trial court including for eviction. In original suit No. 42 of 1981 from which the writ petition before us arises, the trial court passed the decree on April 12, 1983 and the revision preferred by the tenant under Section 25, Provincial Small Causes Courts Act was dismissed also on July 8, 1983. In Civil Revision No. 1639 of 1979 a learned single Judge has referred the following questions to the larger Bench;

(3.) THE other Civil Revision No. 1302 of 1979, 133 of 1982, 692 of 1982 and the writ petition No. 8036 of 1983 are connected with Civil Revision No. 79 of 1982 the questions referred being the same.