RAMESH CHANDRA GUPTA Vs. SUSHILA DEVI

JUDGEMENT

(1.) YATINDRA Singh, J. Smt. Sushila Gupta (the contesting respondent) is the landlady of the house in dispute. The petitioners are the tenants. The contesting respondent filed an application under Sec tion 21 (1) (b) of the U. P. Urban Buildings (Regulation of Letting, Rent and Evic tion) Act, 1972 (the Act ). This application was dismissed by the Prescribed Authority by its order dated 24-7-1978 on the ground that the house is not in dilapidated condi tion. The contesting respondent filed an appeal. This appeal was allowed on 15-10- 1981 and the matter was remanded for considering Section 21 (1) (a) of the Act also. Hence the present writ petition.

(2.) THE contesting respondent had filed an application under Section 21 (1) (b) of the Act (Annexure-l to the writ petition ). THE averments mentioned in this application are substantially under Section 21 (1) (b) of the Act and it was on this basis that the Prescribed Authority tried this application and the detailed order was passed therein. THE contesting respondent also filed an appeal (An-nexure-3 to the writ petition ). In this ap peal all grounds taken were related to Sec tion 21 (1) (b) of the Act yet appellate Court has remanded the matter for recon sideration under Section 21 (1) (a) of the Act. THE petitioners have mentioned in paragraph 10 of the writ petition that ap pellate Court has made a new case for the contesting respondent. It has not been specifically denied in para-11 of the counter-affidavit. THE case of the contest ing respondent was under Section 21 (1) (b) of the Act and was so understood by the parties. THEre was no justification for remanding the matter for re-consideration under Section 21 (1) (a) of the Act. In view of this, the appellate Courts order dated 15-10-1981 is hereby quashed and the order of the Prescribed Authority dated 24-7-1978 is restored.