RAJ KUMARI KAPOOR Vs. CIVIL JUDGE KANPUR

JUDGEMENT

(1.) THESE are two petitions under Article 226 of the Constitution of India arising out of proceedings under the U. P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, U. P. Act No. XIII of 1972, hereinafter referred to as the 1972 Act. Writ petition no. 343 of 1985 filed by the tenant is directed against the order dated 15th September, 1984 passed by the 1st Additional Civil Judge, Kanpur. Writ petition no. 16971 of 1984 directed against the order dated 13-11-1984 passed by the 1st Additional Civil Judge, Kanpur has been filed by the landlady. Since both these petitions relate to the same property, they are being decided by a common judgment.

(2.) SMT. Raj Kumari Kapoor is the landlady of a shop situate in the ground floor of premises no. 48/84, Generalganj, Kanpur. The tenants are the firm M/s. Bhola Nath Kashi Nath and its proprietor Sri Kashi Nath Kapoor. In 1971 a suit no. 1230 of 1971 was filed by the landlady for ejectment and recovery of arrears of rent against the tenants on the ground of default as contemplated by the U. P. Temporary (Control of Rent and Eviction) Act, 1947, U. P. Act 3 of 1947, hereinafter referred to as the 1947 Act. This suit was decreed on 7-5-75.

(3.) THE judgment of this court dated 17-12-1980 was challenged in special leave petition before the Hon'ble Supreme Court of India and the tenants obtained an interim order on 12-2-1982 staying the execution of the decree.