BHUNESHWAR SAHI Vs. STATE OF U P

JUDGEMENT

(1.) -

(2.) THE applicant has challenged the order dated 5th April, 1984 by means of the present revision by virtue of which the suit of the plaintiff-applicants for ejectment of the defendants and for recovery of Rs. 3360/- as damages for use and occupation was dismissed. However, the suit for the recovery of arrears of rent and water tax was decreed.

(3.) THE question is no more open to the applicants as the matter stands concluded by a Full Bench decision of this court in Punjab National Bank v. Sugan Chandra, 1985 AWC 130. It has been held in that case that Ordinance 28 of 1983 in effect only clears the doubts, which arose on account of various decisions by the courts and makes explicit the legislative intention behind the enactment which was latent. It also holds that the law which is declaratory in nature takes the retrospective effect. Apart from this, this Full Bench very explicitly makes the legal position clear about the position of the State Government, the local authority as tenant vis-a-vis the old U. P. Control of Rent and Eviction Act, 1947 and the present Act No. 13 of 1972. THE relevant portion of the said judgment is quoted below : ".........This is to say, a landlord who sought to evict Government had necessarily to proceed upon any of the grounds enumerated in section 20 or in accordance with procedure laid in section 21 of this Act......"