PANNA LAL SONKAR Vs. PRESCRIBED AUTHORITY MUNSIF WEST

JUDGEMENT

(1.) THIS writ petition and the connected second appeal gave rise to certain interesting questions.

(2.) PETITIONER had been tenant of a portion of House No. 5, Crosthwaite Road, Allahabad, Jagan Nath Shukla (since dead)-the landlord applied to the District Magistrate, Allahabad, under Section 3 of the U. P. Control of Rent and Eviction Act (U. P. Act III of 1947) for permission to sue for ejectment of the tenant. The permission was granted on April 17, 1967, by the Rent Control and Eviction Officer, Allahabad, providing that it shall be operative after August 17, 1967, and in the meantime the tenant, could find another accommodation for himself. The revision filed by the tenant against this order was dismissed by the Commissioner on August 29, 1967. The representation made to the State Government under Section 7-F of the 1947 Act dismissed also on December 8, 1967. The petitioner then took the matter to a writ petition before this Court, which was dismissed on February 27, 1969.

(3.) AGGRIEVED the tenant has preferred the petition under Article 226 of the Constitution wherein he seeks writ of certiorari to quash the order of the prescribed Authority dated October 22, 1981. viae Annexure 3. The second appeal filed by the landlord is against the decree of the lower appellate court dated September 1, 1975, in Original Suit No. 570 of 1967, whereby the relief for eviction was denied to him on ground that the suit was premature. The petition and this second appeal have been heard together with the consent of counsel for the parties.