GOPALJI Vs. VITH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Landlord-respondent no. 3 Shree Chand filed release application under Section 21 of U.P. Act No. 13 of 1972 against Lal Ji, respondent no. 4 and Gopal Ji, the petitioner.

(2.) Both Gopal Ji and Lal Ji are real brothers. In the release application it was stated that Lal Ji was the tenant and he had sub let the shop in dispute to Gopal Ji. Shop in dispute was allotted to Lal Ji in the year 1957. Prescribed Authority /IIIrd Addditional Civil Judge, Varanasi, before whom release application was registered as P.A. Application No. 19 of 1983 allowed the release application through judgment and order dated 14.5.1985. Against the said judgment and order both Lal Ji and Gopal Ji filed rent appeal no. 169 of 1985. Appeal was dismissed by VIth Additional District Judge, Varanasi on 4.10.1986,hence this writ petition.

(3.) This writ petition was dismissed on 19.7.2005 as learned Counsel who had filed the writ petition stated that he had no instructions. Thereafter petitioner was dispossessed on 11.8.2005.Thereafter restoration application was filed through another counsel on 17.8.2005. On 20.10.2005 I heard learned Counsel for both the parties (Sri M.D. Misra, learned Counsel for the petitioner and Sri Atul Dayal, learned Counsel for the respondsnt-landlord) on the restoration application as well as merit of the writ petition.