ONKAR NATH DUBEY Vs. RADHEY SHYAM DUBEY

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the petitioner as well as learned Counsel for respondent No. 1 the only contesting respondent. Petitioner and respondent No. 1 are real brothers.

(2.) PROPERTY in dispute is ground floor portion consisting of six rooms of House No. S-2/1-C-30, situate in Mohalla Bhuvneshwar Nagar Colony, Ardali Bazaar, Varanasi. Earlier office of Food Security Programme of Government of India was tenant in the accommodation in dispute at the rent of Rs. 1,100/- per month. It vacated the premises on 20. 6. 1991. Thereafter it was released in favour of the petitioner by R. C. & E. G. , Varanasi through order dated 3. 12. 1992 (formal release order was issued on 4. 1. 1993 ). The said release order was challenged by respondent No. 1 through revision which was registered as Misc. Case No. 89 of 1993 and was accompanied by delay condonation application. The delay condonation application and the revision were dismissed in default on 4. 5. 1995 by IIIrd Additional District Judge, Varanasi. Thereafter respondent No. 1 did not take any steps for restoration of the revision/delay condonation application.

(3.) IN the year 2001 respondent No. 1 filed an allotment application before R. C. & E. O. , in the form of Rent Case No. 23 of 2001 which was rejected through order dated 12. 4. 2001 on the ground that rent being more than Rs. 2,000/- per month, matter was beyond the purview of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Thereafter respondent No. 1 filed a review application before R. C. & E. O,, on 30. 5. 2001. IN the said application prayer for setting aside release order dated 3. 12. 1992 was made.