SANJAY KEDIA Vs. DISTRICT JUDGE GONDA

JUDGEMENT

(1.) THIS writ petition has been filed against the judgment and order dated 31st May, 1995 passed by the District Judge, Gonda, whereby the application of Praful Kumar Rai for allotment of the premises in question was rejected and the application of the petitioner/landlord for release of accommodation was allowed.

(2.) THE facts of the case in brief are as follows : (i) Polin Bihari Vishwas was admittedly the tenant in the premises in question. He died leaving behind Smt. Suraj Bala Vishwas (widow), prakash Narain Vishwas alias Prabhash Kumar (son) and Smt. Pratima Vishwas (unmarried daughter ). Smt. Pratima was afterwards married to Praful Kumar Rai. After the death of Polin Bihari vishwas, Smt. Suraj Bala Vishwas and Prakash Narain Vishwas alias Prabhash Kumar got constructed their house separately and shifted to that house. The application of the petitioners/landlord for release of the premises under section 16 (1) (b) of the U. P. Urban buildings (Regulation of Letting, Rent and Eviction) Act, 1972, was filed by the petitioners/landlord for release of the premises. Prior to the moving of the said application, Praful Kumar Vishwas had already made an application for allotment of the said premises in his name. The said application was contested by the petitioners/landlord. The application for release of the accommodation filed by the petitioners/landlord was also contested by Praful Kumar Rai against whom the said application was filed. The prescribed authority allowed the application of the petitioner for release and rejected the application of praful Kumar Rai for allotment. (ii) Praful Kumar Rai did not file any revision against the order of the prescribed authority and also did not agitate the matter before any other forum. However, Smt. Suraj Bala Vishwas, Prakash Narain Vishwas and Smt. Pratima Vishwas who were not parties to any of the above proceedings preferred a revision before the District Judge, Gonda against the order of the prescribed authority. It may be noted that praful Kumar Rai was not impleaded as party in either of the said revisions. Learned District Judge, Gonda upon consideration of the arguments advanced before him, allowed both the revisions. Aggrieved of the said judgment and order of learned District Judge this writ petition has been filed.

(3.) HEARD learned Counsel for the parties.