SMT. SHYAM PYARI DEVI Vs. SANJAY KUMAR

JUDGEMENT

(1.) The present writ petition is directed against the order dated 2.3.2016 passed by the Additional District Judge, Court No. 5, Gorakhpur in P.A Appeal No. 41 of 2013 whereby the application under Sec. 5 for condonation of delay in filing appeal under Sec. 22 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction), Act No. 13 of 1972 (hereinafter referred to as the 'Act') has been rejected.

(2.) It appears that the release application namely P.A. Case No. 33 of 1999 (Smt. Shyam Payari Devi Vs. Sanjay Kumar and Ors.) was filed under Sec. 21(1)(a) read with Sec. 21(1)(b) of the Act for release of the shop in question. It was partly allowed under Sec. 21(1)(b) of the Act. The rejection of release for the personal need of the landlord under Sec. 21(1)(a) was not challenged. The tenant challenged the release order under Sec. 21(1)(a) in an appeal namely Rent Appeal No. 11 of 2008 (Smt. Shyam Payari Devi Vs. Sanjay Kumar and Ors.) which was dismissed on 28.9.2012. Against the order of appeal, Writ Petition No. 57469 of 2012 (Sanjay Kumar and Ors. Vs. Smt. Shyam Pyari Devi and Ors.) was dismissed on 5.11.2012.

(3.) It appears that the present appeal was filed in the year 2013 along with the application under Sec. 5 of the Limitation Act with the prayer for condonation of delay. The reason given for delay in filing appeal given therein was that the petitioner could not get correct legal advise. As soon as he came to know that his interest would be effected on account of the dismissal of the release application under Sec. 21(1)(a), the present appeal has been filed.