DEVI PRASAD Vs. MUNNI LAL

JUDGEMENT

(1.) Heard Sri Pradeep Kumar Sinha, for the petitioner.

(2.) This petition has been filed for setting aside the orders of Civil Judge (S.D.) dated 21.01.2016, dismissing objection of the petitioner under Section 47 C.P.C. and Additional District Judge dated 07.04.2016 dismissing the revision of the petitioner against the aforesaid order.

(3.) Munni Lal (the respondent) filed an application (registered as Case No. 42/90 of 1990) under Section 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as the Act, for release of the shop in dispute from possession of the petitioner, on 04.10.1990, before Civil Judge (J.D.) Hamirpur. Munsarim submitted his report dated 16.08.1991 that release application has to be filed before Prescribed Authority and Civil Judge (J.D.) concerned had not been assigned jurisdiction of Prescribed Authority under the Act. District Judge, by order dated 31.08.1991 transferred the case to Civil Judge (S.D.), who after hearing the parties, allowed release application by order dated 16.05.1996.