KANAHAIYA LAL AGARWAL Vs. DISTRICT JUDGE BALLIA

JUDGEMENT

(1.) AT the time of hearing no one appeared on behalf of contesting respondents, hence only the arguments of learned counsel for the petitioner were heard.

(2.) THIS is landlord's writ petition arising out of eviction/release proceedings initiated by him against tenant respondent No. 3, Hakeem Ziaul Rahman on the ground of bona fide need under Section 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Landlord petitioner impleaded his real brother Jewan Lal Agarwal, respondent No. 4 as proforma opposite party in the release application, which was registered as Misc. Case No. 1 of 1990. Prescribed Authority/Munsif (West), Ballia allowed the release application through judgment and order dated 6.5.1994. Against the said judgment and order, tenant respondent No. 3 filed R. C. Appeal No. 5 of 1994, which was allowed by District Judge, Ballia on 31.7.1995 and judgment and order passed by the prescribed authority was set aside. THIS writ petition is directed against appellate court order dated 31.7.1995.

(3.) IT may be mentioned that in the first instance, release application was allowed on 14.1.1992, however on appeal the said judgment was reversed through order dated 21.7.1992 and matter was remanded. After remand, release application was again allowed on 6.5.1994.