TRILOKI NATH Vs. DHARM PRAKASH GUPTA AND OTHERS

JUDGEMENT

(1.) This is tenant's writ petition arising out of eviction/release proceedings initiated by landlord-respondent against him under Sec. 21 of U.P. Act No. 13 of 1972 (hereinafter referred to as the Act).

(2.) The main point to be considered in this writ petition is as to what would be the affect of dismissal of earlier release application. Release application giving rise to instant writ petition was registered as P.A. Case No. 31 of 1991 on the file of Prescribed Authority / A.C.J.M., Moradabad. Earlier release application was numbered as P.A. case No. 99 of 1986 which was dismissed by Prescribed Authority on 22.1.1990. Appeal against the same was also dismissed on 28.7.1990. The release application giving rise to the instant writ petition was filed on 21.3.1991.

(3.) Against order dated 22.1.1990 passed by Prescribed Authority in the earlier application (P.A. Case No. 99 of 1986) landlord Dharam Prakash filed an appeal under Sec. 22 of the Act being rent control appeal No. 14 of 1990.. The said appeal was dismissed by XIII th A.D.J., Moradabad through judgment and order dated 28.7.1990. The judgments of Prescribed Authority and Appellate Court passed in the earlier release application are Annexures 4 and 5 to the writ petition. The second release application giving rise to the instant writ petition was filed on 21.3.1991 i.e. within eight months of dismissal of earlier appeal. Under Rule 18 (2) of the rules framed under the Act, it is provided that "on the rejection on merit of release application under Sec. 21 if a fresh application on the same ground is made within a period of one year from the date of that decision, the Prescribed Authority shall accept the findings in those proceedings as conclusive." The second release application giving rise to the instant writ petition (P.A. Case No. 31 of 1991) was dismissed by Prescribed Authority/I Ind ACJM, Moradabad by judgment and order dated 25.1.1993 on the ground that the matter had already been decided by the Appellate Court and no new ground was taken in the second release application. Against the said order landlord filed appeal being rent control appeal No. 3 of 1993. XIth ADJ, Moradabad by impugned judgment and order dated 10.1.2003 allowed the appeal and set aside the order passed by the Prescribed Authority and allowed the release application.