PEER GULAM Vs. IIIRD ADDITIONAL DISTRICT JUDGE ETAH

JUDGEMENT

(1.) What is the status of a tenant after termination of his tenancy under Section 106 of the Transfer of Property Act (the T. P. Act)? Can such a tenant claim adversely to his landlord? Is an application under Section 21 (1) of the U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act. 1972 (the new Act) maintainable against such a tenant? These are the questions that arise in this writ petition. Here are the facts. Facts

(2.) Sri Om Prakash Gupta (the contesting respondent) is the landlord of the house in question. Petitioner is the tenant of the same. The contesting respondent terminated the tenancy of the petitioner by the notice dated 8.1.1972. At that time, the United Provinces (Temporary) Control of Rent and Eviction Act. 1947 (the old Act) was applicable. He waited for another twelve years and then filed an application on 5.7.1984 under Section 21 (1) (a) of the new Act for the release of the house in question. The Prescribed Authority rejected his application on 6.12.1993, but his appeal was allowed on 30.9.1999, hence the present writ petition. Points for Determination

(3.) Sri Vinod Prasad, counsel for the petitioner, has raised following points before me :