HAFIZ GULAM HUSAIN Vs. MOHD. YAMIN AND OTHERS

JUDGEMENT

(1.) THIS is a tenant's petition. It arises out of a case filed by the landlord in 1983, for release of the accommodation under Section 21(1)(a) of U.P. Act No. XIII of 1972. The case was decided ex parte against the tenant, the petitioner. Against the ex parte decision the petitioner filed an appeal which was decided as Misc. case No. 3 of 1988 by the Court of the IVth Additional District Judge, Bijnor on 27th August, 1990. The learned Additional District Judge has declined to interfere in the order of the Prescribed Authority on the ground that he was satisfied that the ex parte order was occasioned by the tenant himself by avoiding service. This court has seen the record as presented in the writ petition, the order by which the Prescribed Authority allowed the release application, though ex parte and the order of the learned Additional District Judge by which he declined to interfere with the order of the Prescribed Authority. There is a detailed discussion in the order of the Prescribed Authority dated 13th April, 1983, that the Petitioner had deliberately avoided service which was made upon him and this finding of the Prescribed Authority is based on the evidence which has been tendered by producing various process servers who had taken summons to the petitioner and reported back that the petitioner had declined to accept summons of the court. With this record the appeal had been filed. There is no occasion for this Court to take any other view. The ex parte decree was executed immediately after it was delivered and the possession was wrested by the landlord. The record bears out that the intention of the petitioner was to prolong the proceedings after the final decision. The court does not find any merits in this writ petition and it is accordingly dismissed.