LAWS(ALL)-1996-1-58

USHA SINGH Vs. KAMLA DEVI

Decided On January 31, 1996
USHA SINGH Appellant
V/S
KAMLA DEVI Respondents

JUDGEMENT

(1.) S. C. Verma, J. The controversy raised in the present petition is as to whether the alleged licensor and licensee without complying the first proviso of Section 2-A of U. P. Act No. XIII of 1972 (hereinafter referred to as 'the Act') would amount to creating a licence covered by the provisions of Section 2-A of the Act and the licen see if omits or refuses to vacate the building is liable for eviction in accordance with the provisions of Section 2-A (5) of the Act.

(2.) IT is necessary to state relevant facts and quote the provisions of Section 2-A of the Act.

(3.) THE Prescribed Authority in proceedings under Section 2-A (5) read with Section 21 of the Act by order dated 23-12-1991 directed for the eviction of Smt. Usha Singh from the disputed accommodation and to deliver the possession to Smt. Kamla Devi. THE order of the Prescribed Authority dated 23-12- 1991 has been as sailed in the present writ petition mainly on the ground that no license as required under Section 2-A of the Act was granted after complying the requirements of First Proviso to Section 2- A of the Act and as such, the petitioner would not be a licensee for an action for her eviction being taken in accordance with the provisions of Section 2-A (5) of the Act.