PRABHU DAYAL Vs. IVTH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THE petition Prabhu Dayal is in occupation of house No. 448, Narhi, Lucknow. His eviction has been sought by the landlady Opposite Party No. 2, Smt. Ram Murti Devi Agarwal, under Section 21(1)(e) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act). The Prescribed Authority rejected the application. Opposite Party No. 2 landlady went up in appeal and that has been allowed. The basis for the appellate order is that in the writ petition filed by the tenant of the petitioner Prabhu Dayal it was ordered by this Court that tenant Sheo Narain Shankdhar would vacate the premises by 31st August, 1986. In this view of the matter the Appellate Court rightly allowed the application that since the petitioner Prabhu Dayal would be moving to his residence this house could be released in favour of the landlady as her need was pressing and genuine.

(2.) SRI Sheo Narain Shankdhar preferred a review against my order allowing him time upto 31st August, 1986 but that was rejected and the S.L.P. preferred against that order has also been dismissed as informed by Sri P.K. Khare, learned Counsel for Sri Prabhu Dayal. Sri Sheo Narain Shankdhar has not yet delivered the possession to Prabhu Dayal. The Appellate Authority has allowed the application of the landlady against Prabhu Dayal and as a result of the Appellate Order the looser ultimately will be Prabhu Dayal if the order is allowed to be executed passed by the IVth Additional District Judge, Lucknow. In order to safeguard his right, therefore, he has approached this Court under Article 226 of the Constitution praying for quashing of the Appellate Order passed by the IVth Additional District Judge, Lucknow, allowing the application under Section21(1)(a) of the Act of the Opposite Party No. 2 Smt. Ram Murti Devi Agarwal.