Judgement Key Points

YASHODA NANDAN, J.

( 1 ) THIS petition which should normally have been decided by a learned single Judge is before us since when it came up for hearing before N. D. Ojha, J. he was of the opinion that the questions involved in the case were of considerable importance and not free from difficulty and he consequently thought it desirable that it may be decided by a Division Bench.

( 2 ) THE material facts giving rise to this petition are that previously one Manohar Lal and Nirmal kumar were the owners and landlords of the premises in dispute. At a court auction the petitioner purchased the property in question. By means of registered dend dated 20th March, 1948 the then landlords had leased out the premises to the tenants-opposite parties. One of the terms of the registered lease deed was that the tenants shall not be liable to ejectment at the instance of the landlords, except on the ground that they were in arrears of rent for a full year. Having stepped into the shoes of the landlords, the petitioner applied under Section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred to as the Act -- before the Prescribed Authority for

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