RAM PRAKASH Vs. IIIRD ADDITIONAL DISTRICT JUDGE AGRA

JUDGEMENT

(1.) THE present writ petition, which was heard by a learned Single Judge, has been referred to a Division Bench by the order of Honourable the Chief Justice, as the learned Single Judge had taken a view contrary to the view taken by another learned Single Judge in Civil Misc. Writ No. 16968 of 1988 Shrimati Indra Pathak v. Ilnd Additional District Judge, Allahabad decided on 25th November, 1988.

(2.) THE brief facts for the purposes of deciding the present writ petition are that respondent no. 3, Shrimati Meera Devi, filed suit no. 1038 of 1975 in the Court of Judge Small Causes Agra far the relief of arrears of rent and ejectment of the petitioner on the ground that the shop in question was not within the ambit of U. P. Act No. 13 of 1972 (hereinafter referred to as the "Act") and that the petitioner was defaulter in the payment of rent and was thus liable to ejectment as his tenancy has been terminated under section 106 of the Transfer of Property Act by giving a valid notice.

(3.) THE contentions were raised before the learned Single Judge, the first being that the Act became applicable to the premises in dispute in the year 1980 and consequently the suit for ejectment could not have been decreed as it was barred under section 20 of the Act. THE second contention was that the petitioner was entitled to the benefit of Section 39 of the Act and the revisional court has erred in not going into that question.