KRIPAL SINGHKHERA Vs. ADDITIONAL DISTRICT JUDGE SPECIAL JUDGE

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution of India, the petitioner has claimed relief for issue of writ certiorari, quashing the orders dated 14.2.1983 (Annexure VIII) and 11.2.1980 (Annexure VII), passed by the Additional District Judge, Bareilly and Judge Small Causes Court Bareilly, respondent Nos. 1 and 2 respectively.

(2.) BRIEF facts of the case are that the petitioner Kirpal Singh Khera, a retired Lt. Col. entered into an agreement with Dr. Kunwar Bahadur Pradhan, owner of the property in dispute on 1.7.1970 regarding a newly constructed residential accommodation, bearing municipal No. 187-A/3 in the compound of a big building known as 'Kalyan Bhavan', bearing municipal No. 187-A on a monthly rent of Rs. 175/- payable in advance on the first of every month to the owner, Dr. Kunwar Bahadur Pradhan, respondent No. 3. It was also agreed upon between the parties that the petitioner shall also pay to the owner of the house the proportionate water charges on the common water meter and the electric charges. Later on the respondent No. 3. Dr. Kunwar Bahadur Pradhan, owner of the house filed a suit on 28.1.1976 after giving notice under Section 106 of the Transfer of Property Act on 15.9.1975, which was served on the petitioner on 22.9.1975 in the Court of the Judge, Small Causes Court, Bareilly for ejectment and for recovery of Rs. 118-50 as arrears of rent for 1.10.1975 to 21.10.1975, Rs. 564.50 as damages from 22.10.1975 to 28.1.1976 and Rs. 450/- as water charges. The case set up by respondent No. 3 in the plaint was that the petitioner was a tenant of the premises in dispute which was constructed in the year 1970 and hence was outside the purview of U.P. Act No. 13 of 1972 that the petitioner's tenancy had been determined by a notice but he filed to vacate the premises and to pay the rent and water charges etc. The petitioner filed a written statement contesting the suit on the grounds inter alia that the premises in dispute had been constructed long ago before the year 1970 and the provisions of U.P. Act No. 13 of 1972 were applicable to the case. The Judge Small Causes Court, Bareilly decreed the suit for ejectment and recovery of arrears of rent and damages in favour of the plaintiff-respondent No. 3 vide his judgment dated 11.2.1980. He however, dismissed the plaintiff's claim for water charges. The petitioner filed a revision before the District Judge, Bareilly, which has been dismissed by the learned Additional District Judge, Bareilly vide his judgment dated 14.2.1983.

(3.) THE petitioner, thereafter, filed a special appeal (civil) No. 10897 of 1983 in the Supreme Court of India against the aforesaid order of summary dismissal of the petitioner's writ petition by Hon'ble M.N. Shukla, J. as he then was. The Hon'ble Supreme Court was pleased to grant special leave to appeal on 26.9.1983 and heard the appeal itself on the same day ex parte as Special Appeal No. 8447 of 1983 and allowed the petitioner's appeal vide its judgment and order dated 26.9.1983 and set aside the aforesaid order of Hon'ble M.N. Shukla, J. The Supreme Court also directed that the petitioner's case be sent back to the High Court for disposal afresh. In view of the order of the Supreme Court dated 26.9.1983, allowing the Special Appeal Petition. This writ petition was admitted on 7.12.1983 by this Court.