VIJAY KUMAR Vs. D.J.,FAIZABAD

JUDGEMENT

(1.) ORDER dated 04.12.2013 passed on the order of the first writ petition is quoted below:

(2.) AS far as the third khotari is concerned according to landlord school it was in tenancy occupation of Smt. Samsa Devi. Against Smt. Samsa Devi, school filed release application under Section 21 of U.P. Act No.13 of 1972 in the form of P.A. Case No.7 of 1991. The said case was allowed on the basis of compromise by Prescribed Authority, Munsif Sadar, Faizabad on 26.02.1992. Thereafter, Smt. Samsa Devi was evicted through process of court. She did not file any appeal etc. Petitioner asserting that actually he was the tenant of the third kothari and not Smt. Samsa Devi, filed belated appeal against judgment of the Prescribed Authority. The appeal was belated by 280 days and accompanied by delay condonation application. The matter was registered as Misc. Case No.7 of 1993. Vijay Kumar Vs. Vicent Jyoti Primary School. District Judge, Faizabad dismissed the case on 25.11.1995. First writ petition is directed against order dated 25.11.1995.

(3.) AS far as third writ petition is concerned, it arises out of S.C.C. Suit No.4 of 1992 instituted by the landlord school against tenant petitioner for his eviction from two khotaries on the ground of default after serving a notice of termination of tenancy and demand of rent. The said suit was decreed on 15.09.2000 by J.S.C.C. Faizabad. Against the said decree tenant petitioner filed Revision No.219 of 2000, which was dismissed by A.D.J. Faizabad on 11.05.2001. The said judgments, decree and order have been challenged through the third writ petition. Third Writ Petition: -