KRISHNA SWAROOP Vs. KRISHAN MOHAN

JUDGEMENT

(1.) Heard Sri Rajiv Gupta, learned counsel along with Sri Rahul Pandey, learned counsel for the petitioner and perused the record.

(2.) Present petition has been preferred challenging the order dated 15.11.2017 passed by the Prescribed Authority/Civil Judge (Senior Division), Ghaziabad passed in P.A. Case No. 2 of 2016 (Krishna Mohan v. Krishna Swaroop).

(3.) Undisputed facts of the present case are that the petitioner is tenant of two shops owned by the landlord (respondent herein) on a consolidated rent of Rs. 300 per month. Initially two different suits were filed for rent and eviction in respect of two shops. Both the suits were consolidated and were decided finally in the year 1995 wherein it was observed that both the shops were on the rent of Rs. 300/- per month. Against the same, the landlord filed two revisions, which were consolidated and dismissed by the lower revisional Court. Thereafter the same were challenged by filing two petitions being Writ Petitions No. 39786 and 39787 of 1996 before this Court in the year 1996. Ultimately in the year 2012 both the petitions were dismissed in default. During the pendency of the said petitions, the landlord filed a release application under Section 21 (1)(a) of the Act 13 of 1972 (hereinafter referred to as the 'Act') for release of one shop for the need of his son. An application under section 11 CPC was filed by the tenant for staying the release proceedings, which was rejected by the trial Court. Thereafter a writ petition being Writ Petition No. 50649 of 2003 was filed by the tenant, which was dismissed with the observations that the findings recorded by the Courts below will operate as res-judicata. The release application filed by the landlord was allowed on 13.8.2004. The appeal filed by the tenant was subsequently allowed vide judgement and order dated 9.5.2008. Thereafter the writ petition being Writ Petition no. 40606 of 2008 filed by the landlord was allowed by this Court vide judgement and order dated 16.12.2015 and the release application was allowed. A review application filed by the tenant-petitioner in the writ petition on the ground that the tenancy cannot be bifurcated in the proceedings under Section 21(1)(a) of the Act was rejected vide order dated 15.7.2016. Thereafter the petitioner filed a SLP before Hon'ble Apex Court being SLP No. 14977 of 2016, which was dismissed vide order dated 16.8.2016, however three months time was granted to vacate the premises subject to filing of a usual undertaking in the registry within four weeks from the date of the order i.e. 16.8.2016.