NUSRAT IFTIKHAR AHMAD Vs. ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) BOTH these writ petitions relate to House No. 47/15 Clay Square, Kabeer Marg, Lucknow. Hence, both the petitions are being heard and disposed of by this common judgment.

(2.) ADMITTED facts of the case are that one, Digambar Nath Pandey was the owner of the disputed house, who died in the month of December, 1975. He was an ex -student of Lucknow University and respect to the sentiments of Digambar Nath Pandey, his widow Shanti Devi executed a gift deed dated 13.08.1976 in favour of Lucknow University and this house was bequeathed in favour of the University. Subsequently, proceedings for allotment of the first floor of this house were initiated before the Rent Control Authority. The Rent Controller declared the vacancy and alloted first floor of the said house in favour of the petitioner in W.P. No. 13 (RC) of 2012 on 25.05.1984. The Lucknow University, who is opposite party no. 4 in this writ petition and opposite party no. 3 in W.P. No. 757 (MS) of 2010 filed a revision No. 43 of 1984 against the order of allotment, which was dismissed on 30.11.1995. The petitioner (hereinafter called 'the tenant'), took possession of the disputed premises on 25.05.1984. One Prem Prakash Mishra filed a review petition against the said order of allotment. The tenant filed W.P. No. 3585 of 1984 in which interim order was passed in favour of the tenant that he shall be evicted from the premises. W.P. No. 3585 of 1984 was allowed on 13.07.2007. Smt. Shanti Devi executed power of attorney in favour of one Ravindra Singh, the then Manager of opposite party no. 4 (St. Marks School) on 04.11.2000 and executed the will in his favour on 04.11.2000 regarding the disputed house which was already bequeathed by her on 13.08.1976, through a registered gift deed. Regular Suit No. 505 of 2000 (Smt. Shanti Devi Pandey vs. Registrar, Lucknow University & Anr.) was also filed by Shanti Devi through Revindra Singh for cancellation of gift deed dated 13.08.1976. Again Smt. Shanti Devi executed will on 17.05.2002 in favour of one Anupam Mishra. Regular Suit No. 505 of 2000 was decreed ex -parte vide judgment and decree dated 22.11.2003 and the gift deed was set aside on 31.07.2006. Lucknow University moved an application under order 9 Rule 13 C.P.C, for setting aside ex -parte decree along with an application for condonation of delay, which was allowed and the delay was condoned vide order dated 13.10.2009 and 21.11.2009 was fixed for disposal of application under order 9 rule 13 C.P.C. Opposite party no. 4 (St. Marks School) preferred civil revision no. 1 of 2010 against the said order which was also dismissed and, as such, St. Marks School has preferred W.P. No. 757 (MS) of 2010 in which the tenant is not party and Lucknow University is opposite party no. 3. From the facts as mentioned in chronological order, the dispute before this court is that St. Marks School has challenged this order passed by the learned Civil Judge against the application of Lucknow University and condoning the delay which has been affirmed by the Revisional Court (A.D.J., Court No. 2) Lucknow in Civil Revision No. 1 of 2010. In W.P. No. 13 (RC) of 2012, the tenant has filed the writ petition. St. Marks School has also moved application before the Rent Controller for eviction of the tenant, which was dismissed on 19.04.2010 against which the tenant preferred rent revision no. 7 of 2010 which has been allowed and Rent Controller has been directed to dispose of the lease application in the light of the directions contained in the judgment. Hence, the tenant has preferred Writ Petition No. 13 (RC) of 2012.

(3.) ADMITTEDLY , Shanti Devi inherited the property from her husband, who executed registered gift deed in favour of Lucknow University. The tenant moved an application for allotment and the house was alloted by the Rent Controller in his favour. There remain no dispute between the Lucknow University which was the owner/landlord of the disputed premises. There remains no dispute from the year 1976 to the year 2000. It appears that she had changed her mind in the year 2000 by executing power of Attorney in favour of Ravindra Singh and executing will deed in favour of Anupam Mishra on 17.05.2002 and Ravindra Singh filed regular suit No. 505 of 2000 for cancellation of the said gift deed, which was decreed ex -parte and only then Lucknow University woke up and filed application under order 9 rule 13 C.P.C. On 31.07.2006. Thereafter, Anupam Mishra executed gift deed in favour of St. Marks School on 13.11.2006. The legal position is quite clear that if the gift deed remains intact, all subsequent document executed by Shanti Devi or Anupam Mishra will become void. Due to this settled legal position, I take up W.P. No. 757 (MS) of 2010, in which St. Marks School has challenged the orders passed by the learned Civil Judge, Lucknow and learned Revisional Court, who have condoned the delay of Lucknow University and application under Order 9 rule 13 C.P.C. remains to be disposed of. If that application is allowed, regular suit No. 505 of 2000 would revive and that will be the only mode to dispose of the ownership controversy.