HAJI EHSAN ELAHI Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard Sri S.M.N. Bokhari, learned counsel for the petitioner and Sri A.N. Sinha, learned counsel for the respondents. The petitioner Haji Ehsan Elahi initiated proceedings for release of house No. 88/414 Chamanganj Kanpur on the ground of personal need by filing application under Section 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") alleging that he is owner of suit property and opposite parties/respondents No. 2 and 3 Sri Abdul Lateef and Anwar Ahmad are tenants in respect to the portion of house at ground floor which included three rooms, one verandah, one Courtyard and one bathroom, one kitchen and one latrine. It was registered as Rent Case No. 39 of 1988 before Prescribed Authority.

(2.) The application was contested by respondents No. 2 and 3. The Prescribed Authority/4th Addl. Civil Judge, vide judgment and order dated 19.7.1989 allowed the application directing tenants to hand over vacant possession of property in dispute to the petitioner. The tenants took up the matter in appeal i.e. Rent Appeal No. 116/89 which was also dismissed by appellate Court i.e. Special Judge (E.C. Act) vide judgment dated 11.9.1991.

(3.) The appellate judgment show that counsel for appellant absented on the date of hearing and thereafter appeal was decided after hearing counsel for the respondent therein i.e. petitioner in this case. A recall application was filed by tenants i.e. respondents No. 2 and 3 which was also rejected by appellate Court on 29.5.1992 whereafter the matter was taken to this Court in writ petition No. 24545 of 1992. It was allowed vide judgment dated 8.2.1993 and both the orders passed by appellate Court i.e. 11.9.1991 and 29.5.1993 were quashed. The relevant extract of judgment of this Court is as under: