SULEMAN Vs. PRESCRIBED AUTHORITY IVTH ADDL CIVIL JUDGE

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner. The petitioner feels aggrieved by an order passed by the Prescribed Authority in the proceedings under section 23 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, where under the objections filed by the petitioner to his ejectment in execution of an order of release granted by the Prescribed Authority under Section 21 (1) of the aforesaid Act which order was affirmed in appeal vide appellate order dated 10th January, 1996, have been rejected.

(2.) THE proceedings seeking release of the accommodation in dispute had been initiated by Ishtiaq All Siddiqul against Smt. Bismillah Begum. THE claim of the landlord was that Ahmad Hussain, the husband of Smt. Bismillah Begum was the sole tenant of the premises in dispute. Smt. Bismillah is the aunt of the present petitioner. A plea was raised by Smt. Bismillah Begum that the premises in disptue had been let out originally to Tasadduq Hussain, the father of the petitioner. THE Prescribed Authority, however, found that the premises in dispute had in fact been let out to Ahmad Hussain, husband of Smt. Bismillah Begum and he was the sole tenant of the premises in dispute. It was also found that after the death of Ahmad Hussain and Tassaduq Hussain, Smt. Bismillah Begum allowed the petitioner to occupy the premises in dispute. In the circumstances, therefore, the status of Suleman in the building in dispute was held to be only akin to a licensee of Smt. Bismillah Begum and permissive in nature.

(3.) CONSIDERING the findings recorded in the proceedings under Section 21 (1) of U. P. Act 13 of 1972 referred to above as well as in the order dated 10.6.96 passed by Prescribed Authority in the proceedings under Section 23 of the aforesaid Act which findings do not appear to suffer from any such legal infirmity which may justify an interference therein while exercising the extraordinary Jurisdiction envisaged under Article 226 of the Constitution of India, this writ petition is clearly devoid of merits.