IQBAL Vs. AKHTAR ALI

JUDGEMENT

(1.) HEARD Sri Pankaj Mithal, learned counsel appearing on behalf of the petitioner and Sri M. K. Nigam, learned counsel for the respondent.

(2.) THE controversy has already been settled by this Court when Civil Misc. Writ Petition No. 50147 of 2003, Iqbal v. Akhtar, has been decided by this Court vide its judgment and order dated 16th December, 2003. This Court directed the matter to be decided in view of the statement made in paras 3 and 4 of the judgment itself, which are quoted below: " (3) That in para 26 of the writ petition the petitioner has challenged the judgment and order dated 29- 10- 2003 on the ground that appellate Court has not recorded any finding that the shop situated on the first floor of the shop situate at Lala Ganj Opposite Ghass Ki Mandi, Bharatpur Gate, Mathura is not vacant or is not available to the respondent for setting his son, or that is not suitable for the purposes of doing Sajawat Business by the son of the respondent. (4) That in view of challenge made in the writ petition and findings recorded by the appellate Court, it is expedient in the interest of justice that the above mentioned writ petition may be allowed for the purpose of this fact only and appeal may be remanded to appellate Court for the same purpose only with the direction to give a categorical finding as to availability of the shop alleged to be on the first floor of the shop situate at Lala Ganj, Opposite to Ghass Ki Mandi, Bharatpur Gate, Mathura, after taking evidence from either party if any within a time specified by this Hon'ble Court. " This Court in view of above, directed as above: "whether first floor shop situate at Lalaganj, Opp. Ghas Ki Mandi, Bharatpur Gate, Mathura is vacant and available to the landlord for setting his son in decoration/sajawat business and if vacant and available is suitable for said business or not. "