JAI PRAKASH Vs. CHHAMA SRIVASTAVA

JUDGEMENT

(1.) HEARD learned Counsel for the tenant-petitioner and learned Counsel for landlady-respondent who has filed his vakalatnama.

(2.) LANDLADY-RESPONDENT initiated eviction/release proceedings against tenant-petitioner under section 21, Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 on the ground of bonafide need in the form of P. A. Case No. 41 of 2003. Landlady also determined the tenancy of the petitioner through notice under section 106 of Transfer of Property Act which was served upon the tenant on 6. 10. 2003. Thereafter, S. C. C. Suit No. 55 of 2004 was also filed by the landlady against tenant on the ground of default in payment of rent. Suit was decreed, revision was dismissed, writ petition was also dismissed on 8. 11. 2005 (Writ Petition No. 67097 of 2005 ). Against the judgment of the High Court Special Leave Petition No. 3548 of 2006 has been filed by the tenant before the Supreme Court in which through order dated 12. 5. 2006 eviction of the tenant has been stayed.

(3.) RELEASE application under section 21 of the Act (P. A. Case No. 41 of 2003) which was filed on 4. 9. 2003 was allowed by prescribed authority on 3. 4. 2006. In the said appeal on 9. 5. 2008 i. e. after about two years of filing of the same, an application was filed before the Appellate Court to the effect that appeal must be allowed on the ground that after termination tenancy petitioner became statutory tenant hence release application under section 21 of the Act was not maintainable. In the said application it was also prayed that the matter must be referred to the High Court under section 113, C. P. C. The Court below/additional district Judge, Court No. 2, Allahabad rejected the application through order dated 3. 7. 2008 which order has been challenged through this writ petition.