LAWS(ALL)-2012-2-232

SAEED AHMAD Vs. INAYAT ULLAH

Decided On February 13, 2012
SAEED AHMAD Appellant
V/S
INAYAT ULLAH Respondents

JUDGEMENT

(1.) Heard Mohd. Ali, learned Counsel for the review petitioners and perused the record. Present review petition has been filed against the judgment and order dated 19.10.2010 passed by this Court in Writ Petition No. 121 (R/C) of 1995, Rahmat Ullah and another v. Aziz Ahmad and others. The facts in brief are that the landlord/Rahmat Ullah and Ummatunnissa filed a release application under section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (herein after referred to Act No. 13 of 1972) on 8.5.1986 for release of house No. 211, Phool Bagh, Lucknow under the tenancy of Sri Aziz Ahmad. Accordingly a case was registered before the Prescribed Authority/Additional Small Cause Court, Lucknow as P.A. Case No. 33 of 1986, Rahmat Ullah and others v. Aziz Ahmad, dismissed by order dated 27.3.1990.

(2.) Aggrieved by the said order, landlord filed rent appeal (Rent Appeal No. 96 of 1990), dismissed by order dated 10.5.1995. Thereafter, the order dated 10.5.1995 passed by the appellate authority and the order dated 27.3.1990 passed by prescribed authority have been challenged by the petitioners/landlords before this Court under Article 226 of the Constitution of India.

(3.) During the pendency of writ petition, original landlord and original tenant had died as such their legal representatives have been substituted in their place. On 20.8.2010 writ petition was listed in the cause list for hearing, after hearing Sri J.P. Mathur learned Counsel for the petitioners and Sri Yogesh Kesherwani learned Counsel for tenants/respondents, allowed by judgment and order dated 19.10.2010 and the impugned orders dated 27.3.1990 and 10.5.1995 passed by respondent Nos. 2 and 3 respectively were set aside.