SARJU DEVI Vs. PRESCRIBED AUTHORITY KANPUR

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the petitioners have prayed for quashing the order of the Prescribed Authority under the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, (hereinafter referred to as the Act), and for issue of a writ in the nature of mandamus directing the Prescribed Authority to pass an order putting the petitioners in possession of a house in Civil Lines, Kanpur (here in after referred to as the suit house).

(2.) MOST of the material facts aire not in dispute. Petitioner-1 is the widow of Lala Jamuna Prasad, and petitioner-2, Govind Prasad, and Shiv Prasad and Anandi Prasad are their sons. Petitioners-3 and 4 are the widow and the daughter respectively of late Lala Devi Prasad. The petitioners and Shri Prasad and Anandi Prasad (here in after referred to as the landlords) were the co-owners of the suit house and they had let it to respondent-2, Swadeshi Cotton Mills Co. Ltd., (hereinafter referred to as the tenant) which has been using it as a Guest House for accommodating its officers and guests.

(3.) THEREAFTER the landlords filed on 14-12-1972 an application under Section 21 read with clause (rr) of subsection (2) of Section 43 of the Act before the Prescribed Authority for eviction of the tenant from the suit house. During the pendency of that application the tenant filed Civil Misc. Writ No. 398 of 1973 impugning the orders of the aforesaid Commissioner and the State Government.