YASHPAL GUPTA Vs. THIRD ADDITIONAL DISTRICT JUDGE, MORADABAD

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India arising out of proceedings under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred to as the Act.

(2.) BABU Ram and two others filed a suit No. 399 of 1978 in the Court of Munsif, Sambhal, Moradabad for ejectment of the respondent No. 3, Jagdish Saran, and for recovery of Rs. 108.22 P. as arrears of rent and damages for use and occupation. This suit was decreed by the Munsif, Sambhal, acting as Judge, Small Causes Court, by judgment dated 27th April, 1977. Aggrieved by the said decision a revision was filed. The revision came up for hearing before the VIIth Additional District Judge, Moradabad, who by his judgment dated 11th February, 1981 allowed the revision in part. The effect of the judgment of the revisional Court was that the decree for ejectment was set aside. The petitioners being aggrieved by the judgment dated 11th February, 1981, have challenged the same by means of the present petition.

(3.) SECTION 20(2)(c) of U.P. Act No. 13 of 1972 is quoted below :