SALIGRAM Vs. IIND ADDITIONAL DISTRICT JUDGE AGRA

JUDGEMENT

(1.) THIS writ petition has been filed against the order of the IInd Additional District Judge, Agra dated 22 -9 -1982 allowing the application 4 -C and directing the landlord to place the erstwhile tenant in occupation of the premises in dispute.

(2.) BRIEF facts relevant for the purposes of deciding the present writ petition are that the landlord started proceedings under Section 3 of U.P. (Temporary) Control of Rent and Eviction Act No. III of 1947 (hereinafter referred to as the "old Act". The Rent Control and Eviction Officer rejected the application of the landlord. Feeling aggrieved the landlord preferred a revision to the Commissioner which was pending at the time of the coming into force of U.P. Act No. 13 of 1972 (hereinafter described as the "New Act"). In view of the provisions of Section 43 of the new Act the revision pending before the Commissioner, Agra Division, stood transferred to the District Judge, Agra and had to be decided in accordance with the provisions of Section 43(2)(m) and (q) of the new Act. The District Judge allowed the application of the landlord which became final in view of the provisions of Section 43 of the new Act and the landlord in pursuance of the aforesaid decision, in fact, got possession of the premises in dispute. The landlord later on let out the premises to some other person even though he had sought release of the premises in dispute on the ground of his bonafide requirement. The erstwhile tenant, who had been evicted at the instance of the landlord, therefore, initiated proceedings under Section 24 of the new Act for getting back the possession of the premises in dispute. Under the impugned order it is this application moved by the tenant which has been allowed by the IInd Additional District Judge, Agra by invoking the provisions of Section 24 of the new Act.

(3.) A bare perusal of the decision given by this Court in the case of Karam Chand (supra) would disclose that the following question was referred to the Full Bench for decision: