KANTI DEVI Vs. SARJU PRASAD

JUDGEMENT

(1.) M. Katju, J. Heard Sri R. N. Bhalla for the petitioner and Sri Kushal Kant for the respondents.

(2.) THIS writ petition reveals a shocking state of affairs. The facts of the case are that the petitioner is the land lady of a portion of premises No. 86/104, Raipurwa, Kanpur. She filed an eviction petition under Section 21 (l) (a) of U. P. Urban Buildings Act against the tenant Sarju Prasad which was decreed. Sarju Prasad filed an appeal under Section 22 of the Act which was rejected, and thereafter he filed a writ petition being writ petition No. 2354 of 1987 which was also dismissed by this Court on 16. 1. 87. True copy of the judgment of this Court in an-nexure-1 to the writ petition. When the writ petition was being dismissed, the petitioner in that petition, Sarju Prasad (who is respondent No. 1 in the present petition) gave an undertaking that he will vacate the premises in three month's time. Hence, he should have vacated the said premises on or before 16. 4. 87.

(3.) AGAINST the order of the learned Munsif Magistrate rejecting the temporary injunction application Radhey Lal filed an appeal being appeal No. 308 of 1988 which was allowed by Sri T. N. Misra, the then IInd Additional Civil Judge, Kanpur Nagar, by his judgment dated 17. 10. 90 vide annexure-6 to the writ petition. It is this judgment which is assailed in the present writ petition.