YASHODA NANDAN PATHAK Vs. VISHNU KUMAR GUPTA

JUDGEMENT

(1.) THIS is petition under Article 226 of the Constitution of India arising out of proceedings under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).

(2.) VISHNU Kumar Gupta, respondent No. 1, is the landlord of the premises in dispute. Yashoda Nandan Pathak, the petitioner, is the tenant. The property in dispute is a portion of the first floor of house No. 38-A, Thornhill Road, Allahabad. A part of the portion of the first floor is in the occupation of the landlord. The disputed portion consists of two rooms, a verandah, kitchen, small terrace on the first floor, and the latrine and bath room on the ground floor, the details of which have been given in the application filed under Section 21 of the Act.

(3.) THE Prescribed Authority by a detailed judgment dated 24th September, 1986, allowed the release application. Against the judgment dated 24th September, 1986, the petitioner filed Civil Appeal No. 439 of 1986 under Section 22 of Act. This appeal came up for hearing before the 7th Additional District Judge, Allahabad. The Appellate Authority by its judgment dated 25th April, 1987, dismissed the appeal and allowed to the petitioner one month's time for handing over vacant possession of the premises to the respondent. The petitioner did not vacate the premises and filed the present petition challenging the order dated 24th September, 1986 passed by the Prescribed Authority, as well as the order dated 26th April, 1987, passed by the Appellate Authority.