MOHAMMED AKBAR ILYAS Vs. PRESCRIBED AUTHORITY

JUDGEMENT

(1.) The aforesaid three writ petitions were heard together and the learned counsel for the parties agreed that the Writ Petition No. 42239 of 1998 be treated as leading case.

(2.) The leading writ petition arises out of execution of a release order passed on the ground of bona fide need of the petitioner under Section 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) in favour of the petitioner, Mohd. Akbar Ilyas (hereinafter referred to as landlord). The other two writ petitions are off shoots of the execution of the release order.

(3.) It is said that real difficulty arises only when a person becomes a decree holder. The facts of these petitions do disclose a sorry state of affairs. A release order which was passed in favour of the petitioner (landlord) as far back as on 20th of April, 1978 by the Prescribed Authority and was confirmed by the first appellate authority on 14.10.1981 and was thereafter confirmed in the Writ Petition No. 589 of 1992 on 20.11.1985 is still awaiting its execution due to the successive attempts made by the judgment debtor and other persons to nullify it. Two decades have passed away still the landlord Mohd. Akbar Ilyas who is the petitioner in the leading writ petition is unable to reap the fruits of the release order. First Round of litigation, against tenant Ashfaq Ali Khan :