SHANKER LAL Vs. RAM SEWAK

JUDGEMENT

(1.) This writ petition is directed against order dated 4.9.1991 passed by the Prescribed Authority, respondent No. 3, whereby he allowed application filed by Ram Sewak respondent No. 1. for restoration of possession of the disputed premises.

(2.) Briefly stated, the facts of the case are that the petitioner filed an application under Section 21 (1) (a) and (b) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short 'the Acf) against Ram Kumar, respondent No. 2. alleging that the disputed shop is in a dilapidated condition and is needed by him. The application was contested by Ram Kumar. The Prescribed Authority rejected the application on 25.4.1987. The petitioner preferred an appeal against the said order before the District Judge. The appellate authority allowed the appeal on 8.9.1990 and directed the eviction of respondent No. 2. He filed Writ Petition No. 7747 of 1990. This writ petition was dismissed by this Court on 6.4.1990. Respondent No. 2 filed S.L.P. No. 7916 of 1990 before the Hon'ble the Supreme Court. It was dismissed on 30.7.1990.

(3.) The petitioner filed an application under Section 23 of the Act for enforcement of the order of eviction passed by the appellate authority on 8.2.1990 against respondent No. 2, Ram Sewak. respondent No. 1, filed objection to the said application. The Prescribed Authority rejected his objection on 20.8.1990 on the ground that he has no focus standi. The petitioner, thereafter, was put in possession of the disputed premises.