DIWAKAR UPADHYAY Vs. P N KHANNA

JUDGEMENT

(1.) Leave granted.

(2.) This is a tenant's appeal. The case has a chequered history. The first respondent, as landlord, filed an application for release of the suit premises (residential tenement) in the year 1972. The Rent Control and Eviction Officer however rejected the release application on 10.1.1973 and alloted the premises to the appellant on 18.01.1973 without fixing any rent. Being aggrieved by the rejection of the release application and the order of allotment, the first respondent filed revision petitions. The Additional District Judge, Bareilly allowed the revision and remanded the matter to the Rent Control and Eviction Officer. By order dated 21.1.1975, the Rent Control and Eviction Officer released the premises in favour of first respondent by ordering eviction of the appellant. That order was challenged by the appellant in revision which was dismissed by the District Judge, Bareilly on 23.07.1975 granting six months time to the appellant to vacate the premises.

(3.) At that stage the appellant filed O.S. No.67 of 1976 contending that the second respondent (B.K. Khanna) was the landlord and therefore the release in favour of first respondent (P.N. Khanna) was illegal, and he cannot therefore be evicted in pursuance of the release order in favour of first respondent. In the meanwhile, in pursuance of the order of the District Judge Form 'C' was served on the appellant for vacating the premises. That was challenged by the appellant in a writ petition (W.P.No.2065/1977) which was dismissed on 18.07.1978. Thereafter, Form 'D' was issued on 23.11.1978. That could not be executed in view of the temporary injunction granted in the aforesaid suit filed by the appellant. Ultimately the appellant's suit was dismissed on 07.01.1979 recording a finding that both respondents (P.N. Khanna and B.K. Khanna) were the landlords and that there was no infirmity in the release order in favour of one of them. The appellant challenged the judgment and decree of the trial court by filing a appeal before the District Judge and the appeal was dismissed on 18.02.1981. Thereafter, a second appeal was filed by the appellant which was also dismissed on 19.02.1982.