MOHAMMAD MATEEN Vs. CIVIL JUDGE C D JAUNPUR

JUDGEMENT

(1.) HEARD Sri A.R. Dubey, learned counsel for the petitioner.

(2.) PETITIONER is the owner and landlord of the premises in dispute. He applied under Section 21 (1) of U.P. Act No. 13 of 1972 for its release.The release application was dismissed by the prescribed authority and the order was affirmed by the appellate court.?

(3.) AGGRIEVED by the rejection of the release application petitioner filed writ petition no. 70574 of 2005 before this Court. This Court while entertaining the writ petition by interim order dated 26.10.2006 directed the tenant to pay a sum of Rs. 3,900/ - per month as rent of the premises in dispute which was directed to be increased 10% every 5 years. The writ petition was ultimately dismissed on 26.12.2009. However, on the application for modification of the final order dated 26.12.2009 this Court vide order dated 3.8.2010 clarified that the tenant would continue to pay rent of Rs. 3,900/ - per month as was directed by the interim order dated 26.10.2006 and in case it is not paid, it will be open to the landlord to institute ejectment proceedings.