LAWS(ALL)-2004-4-37

CHAKKAN Vs. ADDL DISTRICT JUDGE BAREILLY

Decided On April 05, 2004
CHAKKAN Appellant
V/S
ADDL DISTRICT JUDGE BAREILLY Respondents

JUDGEMENT

(1.) S. U. Khan, J. This writ petition is being disposed of without issuing notice or hearing land lord/respondents. If they feel aggrieved they are at liberty to file an application for recall of this order.

(2.) LANDLORD/respondents filed a release application under Section 21 of U. P. Act No. 13 of 1972 against tenant/petitioner which was registered as P. A. Case No. 75 of 1987. The said release application was allowed ex parte on 3-3-1990. Tenant/petitioner filed restoration application which was rejected by Prescribed Authority/ii-Addl. Civil Judge, Bareilly on 17-1-1991. Petitioner filed appeal against both the orders dated 3-3-1990 and 17-1-1991 being Rent Control Appeal No. 21 of 1991. The said appeal has been dismissed by judgment and order dated 16-3-2004 which is impugned in the instant writ petition. Appeal itself was belated and delay was condoned on 24-11-2000. It is most unfortunate that appeal remained pending for about 13 years even application for condonation of delay was allowed after nine years. Appeal has been dismissed by Addl. District Judge, Court No. 12, Bareilly. Learned Judge is expected to be more careful in future.