RAKESH KUMAR JAIN Vs. SANJAY KUMAR

JUDGEMENT

(1.) Heard Mr. W.H. Khan, learned Senior Counsel assisted by Gulrej Khan, learned counsel for the petitioner, Mr. Nipun Singh as well as Mr. Adarsh Singh, learned counsel for the respondent Nos. 3 and 4.

(2.) Brief facts of the case are that shop No. 2/2409/A-1, New Shop No. 2C/3299 is situated at Court Road, Gil Colony, P.S.- Sadar Bazar, District- Saharanpur. The aforesaid shop was previously owned by Smt. Rajkali widow of Sri Jagdish Prasad Gupta. Smt. Rajkali letout the aforementioned shop to petitioner / Rakesh Kumar Jain on 1/7/1979 on monthly rent of 250/- per month. Smt. Rajkali expired in the year 1986 and property in question was in- herited by Deepak Kumar Gupta alias Neeraj Kumar Gupta grandson of Smt. Rajkali on the basis of Will-deed dtd. 30/7/1985. On the basis of report dtd. 23/7/1992 and 25/2/1994 of rent control inspector an order dtd. 3/3/1994 was passed declaring vacancy in respect to shop in dispute. Deepak Kumar Gupta alias Neeraj Kumar Gupta filed a release application on 25/5/1994. The afore- mentioned release application was allowed vide order dtd. 29/11/1994 releasing the shop in question in favour of Deepak Kumar Gupta alias Neeraj Kumar Gupta. Petitioner/ Rakesh Kumar Jain filed a review application on 22/3/1996 under Sec. 16 (5) (A) of U.P. Urban Building / Regulation of Letting Rent and Eviction Act, 1972 (hereinafter referred to as "U.P. Act No. 13 of 1972") against the order dtd. 29/11/1994. During pendency of the aforementioned review ap- plication Deepak Kumar Gupta alias Neeraj Kumar Gupta died on 9/7/2006 ac- cordingly, widow, two daughters, mother and sisters were substituted who are impleaded as respondent Nos. 5, 6, 7 and 8 in the instant writ petition. Power of Attorney holder of respondent No. 5/ Smt. Sunita Gupta as well as respondent No. 8/ Smt. Nisha Gupta executed two sale-deeds on 21/11/2014 in favour of respondent Nos. 3 and 4. On the basis of aforementioned sale-deed respondent Nos. 3 and 4 filed a joint release application before Rent Control and Eviction Officer/ Additional District Magistrate (E) which was allowed vide order dtd. 14/8/2015. Review application filed by petitioner against the order dtd. 29/11/1994 was dismissed vide order dtd. 10/8/2015. Petitioner challenged the order dtd. 10/8/2015 by way of revision No. 1 of 2015. Petitioner filed another revision No. 2 of 2015 against the release order dtd. 14/8/2015. On behalf of petitioner / revisionist / Rakesh Kumar Jain, an application under Order XLI, Rule 27 read with Sec. 151 of Civil Procedure Code was filed in the aforementioned revision which was rejected by revisional Court vide order dtd. 17/9/2015 Writ Petition No. 56866 of 2015 filed by petitioner was dis- posed of vide order dtd. 6/10/2015. Revisional Court heard both the aforementioned revisions together and dismissed the same vide order dtd. 6/2/2016. Hence, Writ-A No. 6638 of 2016 has been filed for the following reliefs:

(3.) This Court in Writ- A No. 5954 of 2016 directed the respondents to filed counter-affidavit.