LAWS(ALL)-1998-5-37

NAROTTAM AGRAWAL Vs. BAL SWAROOP SRIVASTAVA

Decided On May 20, 1998
NAROTTAM AGRAWAL Appellant
V/S
BAL SWAROOP SRIVASTAVA Respondents

JUDGEMENT

(1.) SHITLA Prasad Srivastava, J. This petition under Article 226 of the Constitu tion of India has been filed by the petitioner for quashing the order dated 26th August, 1997 and 10th July, 1997, passed by the respondent, which has been filed as Annexures-12 and 11 to the writ petition respectively.

(2.) THE relevant facts giving rise to the present writ petition are that earlier to the present dispute an application under Sec tion 21 (1) (a) of the U. P. Urban Building (Regulation of Letting Rent and Eviction) Act, 1972, herein after referred to as the Act was filed by the landlord, Bal Swarup Srivastava for releasing the house in dis pute in his favour.

(3.) THE petitioner contested the ap plication challenging the compromise decree passed in Suit No. 80 of 1980 and further that the application is not main tainable, as there is no change in the cir cumstances mentioned in the first applica tion and this second application.