RAM PRAKASH Vs. SHRI RAM AND ANR.

JUDGEMENT

(1.) THIS is a tenant's petition under Article 226 of the Constitution of India. The petitioner has sought a writ of certiorari quashing an order dated 30.9.1994 (Annexure (9) to the petition) passed by the respondent No. 2, Prescribed Authority, Moradabad directing a writ of possession to be issued in favour of the respondent No. 1 the landlord. Facts which need to be mentioned in brief are that a release application under Section 21(1)(a) of Act 13 of 1972 (hereinafter referred as the Act) was filed by the respondent -landlord on 25.7.1980 on the ground that he required the accommodation in the petitioner's tenancy in House No. 56 Arya Nagar, Station Road, Moradabad for occupation by himself and his family members. The application was contested by the petitioneR.

(2.) THE Prescribed Authority who initially heard the release application dismissed the same by his order dated 3.11.1991. Appeal against the same was dismissed by the District Judge. On writ Petition No. 1088S of 1983 being filled by the respondent, this Court on 6.12.1985 setting aside the appellate judgment remanded the appeal. The learned Additional District Judge vide his judgment dated 6.9.1986 again dismissed the appeal. On writ Petition No. 16225 of 1986 filed by the respondent this Court vide order dated 2.3.1989 (Annexure '4') again remanded the matter to the appellate court with the following order:

(3.) THE appeal was then disposed of by the Supreme Court by the following order (Annexure '6'):