GYAN CHANDRA Vs. 2ND ADDL DIST JUDGE KANPUR

JUDGEMENT

(1.) This is a landlord's petition seeking review of the judgement delivered on 21-1-1980 allowing a writ petition filed by the tenant of the premises in question and directing the Prescribed Authority to dispose of the landlord's application for release under S.21 of U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act (U.P. Act No. XIII of 1972) in accordance with the observations made in the judgement.

(2.) The facts relevant for the disposal of the review petition are these. The review petitioner is the landlord of House No. 104/102, Old Sisamau, Kanpur while the opposite party No. 3 is a tenant of the first and second floor portion of the house. The landlord filed an application for release of the accommodation on the ground that he needed the tenanted portion for his own personal occupation. He also relied on Explanation - IV to S.21 of the said Act which provided that if the landlord applies for the release of a tenanted portion of a building the remaining part of which is in his own occupation, the need of the landlord would be presumed to be bona fide under S.21 of the said Act. While the landlord's application was pending before the Court below Explanation IV was deleted by U.P. Act No. 28 of 1976. A question, therefore, arose in a large number of cases as to whether the landlord could rely on Explanation IV in support of his claim that he bona fide required the building under tenancy for his own personal occupation even after its deletion. For the tenants it was contended that Explanation IV merely embodied a rule of evidence and hence must be deemed to be procedural in nature. That being so, the amendment would be deemed to be retrospective and hence be applicable to pending proceedings also. The question was finally settled by a Full Bench decision of this Court in the case of Ram Kumar v. District Judge, Bareilly, reported in 1978 (U.P.) RCC 377 : (1978 All LJ 784). The Full Bench ruled that the deletion of Explanation IV will have to be taken note of in deciding pending applications also i.e., the amendment brought about by U.P. Act 28 of 1976 deleting Explanation IV shall have retrospective effect.

(3.) Following the Full Bench decision in Ram Kumar's case, the writ petition filed by tenant was allowed and orders passed by the Prescribed Authority as well as the IInd Addl. District Judge, Kanpur, allowing the application of the landlord under S.21 with the aid of Explanation IV were quashed. The Prescribed Authority was directed to dispose of the Landlord's application for release without applying Explanation IV. The result was that the need of the land had to be determined on its merits unaided by the presumption of the genuineness thereof which was previously available under Explanation IV.