BRIJ MOHAN SHARMA Vs. PRESCRIBED AUTHORITY AND ANR.

JUDGEMENT

(1.) ISSUE notice. This petition is on behalf of landlord in respect of shop situate in Mohalla Bhattee, District Moradabad of which contesting respondent No. 2, Kamal Kishore Khanna was tenant. An application for release of the said shop was filed and was registered as P.A. Case No. 45 of 2001. The said release application after contest was allowed by Prescribed Authority/Judge, Small Causes Court, Moradabad by judgment dated 16th October, 2004 which was confirmed in Rent Control Appeal No. 36 of 2004 by judgment dated 8th of November, 2005.

(2.) CHALLENGING aforesaid two orders Civil Misc. Writ Petition No. 1056 of 2006 was filed in this Court. Initially, an interim order subject to certain conditions was granted. Subsequently, writ petition, after contest was dismissed on 13th of November, 2006.

(3.) THEREAFTER , petitioner filed an application under section 23 of U.P. Act No. 13 of 1972 for execution of release order and delivery of vacant possession. The said application is numbered as Execution Case No. 19 of 2006. It is unfortunate that said application is still lying undisposed due to delaying tactics adopted by respondent No. 2. Surprisingly, respondent No. 2 has filed an objection to execution application on the ground that the said execution application be dismissed as landlord has sold the property and this fact was concealed in earlier proceedings which were fought up to Ape Court. Learned Counsel for petitioner states that said objection filed by respondent No. 2 is still pending consideration before Executing Court.