GOPAL DAS Vs. 1ST ADDL DIST JUDGE VARANASI

JUDGEMENT

(1.) Amid the divergent views of this Court in Devi Charan v. III Addl. Dist. Judge, 1980 All Rent Cas 381 : (1980 0 UPLT 143) and Rang Nath v. State of U. P., (1984) 1 All Rent Cas 642 : (1984 0 AllLJ 455) a Bench of this Court has referred the case for decision by a larger Bench. The facts are not disputed. They may briefly be stated as follows : Gopal Das (petitioner in Writ Petition No. 4089 of 1981) is a tenant occupying premises No. CK 21/40, situate in Thatheri Bazar, Varanasi. It was a property belonging to joint family consisting of Murlidhar Sah (the petitioner in Writ Petition No. 5240 of 1981) and some others. The rent payable thereon was Rs. 175/- per month. On June 24, 1974, there was a partition in the joint family by which the tenanted premises were allotted to two co-parceners Northern portion fell to the share of Murlidhar Sah while the Sourthern portion fell to the share of his brother Brij Chandra Sah. After the partition, the tenant was called upon to pay the proportionate rent to the respective persons. The tenant agreed and accordingly has been paying Rs. 100/- to Murlidhar Sah and Rs. 75/- to Brij Chandra Sah in regard to their respective portions.

(2.) On October 8, 1974, Murlidhar Sah filed an application under S.21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972) (the 'Act') for release of the northern portion of the premises which fell to his share. The Prescribed Authority, by order dated March 23, 1980), allowed the application in part. The tenant was ordered to be evicted from one hall in the first floor and from the entire second floor. Both the parties appealed to the District Judge, Varanasi to the extent they were aggrieved. On February 6, 1981, learned District Judge allowed partly the appeal of the landlord directing the tenant to vacate the entire first floor also. He however, did not accede to the request of the landlord for releasing the ground floor. Consequently, he rejected the appeal preferred by the tenant.

(3.) Challenging the appellate order, the tenant has filed Writ Petition No. 4089 of 1981 while the landlord, Murlidhar Sah, has preferred Writ Petition No. 5240 of 1981.