SYED ASADULLAH KAZMI Vs. ADDITIONAL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment of the Allahabad High Court dismissing a tenant's writ petition arising out of proceedings consequential upon an order of ejectment.

(2.) The bungalow, 16-D, Beli Road, Allahabad, was owned by Raj Kumar Sinha, father of the third respondent, Kailash Shanker Sinha. In February 1965, the bungalow was allotted to the appellant, Syed Asadullah Kazmi, and he was accordingly treated as the tenant of the premises. At the time, Raj Kumar Sinha, with his family, including the third respondent, occupied another house at 14-D, Beli Road, Allahabad. In October 1973, the third respondent applied for the release of the bungalow 16-D, Beli Road, Allahabad, now described as 26, B. K. Banerjee Road, Allahabad. The attempt failed. A fresh application was made in April, 1975. It was allowed by the Prescribed Authority on 24th May, 1976, after overruling an objection filed by the appellant. The appellant, appealed and the appellate authority by its order dated 25th March, 1977 modified the order of the Prescribed Authority inasmuch as a portion only of the building was released in favour of the third respondent and the appellant was permitted to continue in the remaining portion, and the Prescribed Authority was directed to divide the bungalow accordingly. The appellant filed a writ petition in the High Court against the order of the Appellate Authority, but the writ petition was dismissed. Against its dismissal he applied in this Court for special leave to appeal and on 3rd January, 1978, that petition was also dismissed.

(3.) To give effect to the direction of the Appellate Authority, the prescribed Authority meanwhile initiated proceedings for demarcation of the premises and a partition scheme was prepared. During the preparation of the partition scheme, Raj Kishore Sinha, the third respondent's father, died. On 22nd September, 1978, the appellant filed an application before the Prescribed Authority bringing the fact of this death to its notice and praying that the partition scheme should not be prepared. The Prescribed Authority rejected the application. An appeal by the appellant was dismissed by the Appellate Authority on the ground that the order dated 25th March, 1977, directing a division of the premises had become final and the controversy could not be re-opened. The appellant then filed a writ petition before the High Court, and the High Court has maintained the view taken by the Appellate Authority and dismissed the writ petition by its judgment dated, 25th November, 1978.