PANNA LAL Vs. CIVIL JUDGE II, GORAKHPUR

JUDGEMENT

(1.) THIS writ petition was dismissed in default on 17-11-1994. Thereafter it was restored through order dated 24-11-1997, written on the restoration application.

(2.) HEARD learned counsel for the petitioner. No one has appeared for the contesting respondents.

(3.) UNDER Section 29-A of the Act inserted by U.P. Act No. 28 of 1976, with effect from 5-7-1976, if a tenant is let out open peace of land and he with the landlord's consent has erected any permanent structure then he cannot be evicted unless some ground as mentioned under Section 20(2) of the Act exists. Under Section 29-A(6), it is provided that if immediately before the date of commencement of the said Section i.e. 5-7-1976, any suit or appeal is pending no decree for eviction shall be passed except on one or more grounds mentioned in Section 20(2) provided the tenant within a period of three months files an application before the court and unconditionally offers to pay to the landlord the enhanced rent as calculated in accordance with the said sub-section. Application before the lower appellate court was filed under the said sub- section.