Manna Singh vs Durga Singh

O.P. Saxena, J.—Heard the learned Counsel for the Appellant and perused the judgment of the court below.

The undisputed facts are that the Plaintiff is an allottee of premises No. 22/4 Labour Colony, Vishnupuri Kanpur. The Defendant is a close relation of the Plaintiff. He was living in the quarter as an unauthorised occupant since prior to the allotment in favour of the Plaintiff. When the quarter was allotted to the Plaintiff, the Defendant abided by the allotment order and permitted the Plaintiff to occupy the quarter. The lower appellate court has rightly rejected the contention of the Defendant that he continued to be an unauthorised occupant of the quarter as no action was taken against him under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972. When the Defendant abided by the allotment order and permitted the Plaintiff to occupy the quarter, his occupation thereafter could not be anything; but permissive on behalf of the Plaintiff. The Plaintiff gave a notice calling upon him to vacate the quarter but he did not do so. The Plaintiff was within his right to file a suit for eviction and the lower appellate court has rightly decreed the suit. The Defendant is. however an old man and in view of the close relationship between the parties, I deem it proper to give sometime to the Defendant to vacate the quarter.

The second appeal is dismissed summarily with the modification that the Defendant-Appellant is given four months'' time to vacate the premises. There will be no order as to costs.