LALIT RAWAT Vs. ADDITIONAL DISTRICT JUDGE AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the Review petitioner as well as learned counsel for the opposite parties.

(2.) Through the instant review application, the petitioner seeks indulgence of this court to review the order dated 17th of Feb., 2010, passed in writ petition No.157 of 2008 (RC). It is not in dispute that the petitioner's application to declare the land, apart from the land on rent, as free hold, has been rejected. Now at this stage, it is stated that he is liable to be evicted under the strength of the decree passed by the court below only from the land on rent, not beyond that. However, I am of the view that this dispute can be determined by the executing court itself, if any, such objection is raised by the petitioner before him under Sec. 47 of the Code of Civil Procedure , for which liberty is granted.

(3.) It is also the case of the petitioner that the orders passed by the court below have not been adjudicated upon by this court on merit and the same requires adjudication by this court. He further submits that he also raised the question of jurisdiction of the Prescribed Authority, on the ground that the case is not covered under the U.P.Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, which has not been answered and thus this question is also requires adjudication by this court.