TAPESHWARI MAL Vs. RISHIKESH VARMA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri S.R. Verma, learned Senior Counsel assisted by Sri Dharmendra Prasad, learned counsel appearing for the sole respondent. Present petition has been filed for quashing the order dated 18.8.2018 passed by Additional District Judge, Deoria in Rent Control Appeal No. 5 of 2014 (Tapeshwari Mal Vs. Rishikesh Varma) as well as order dated 9.5.2014 passed by Civil Judge (Junior Division), Court No. 10, Deoria in P.A Suit No. 5 of 2018 (Rishikesh Varma Vs. Tapeshwari Mal).

(2.) By the impugned order dated 9.5.2015 the release application filed by the landlord-respondent under Sec. 21(1) (b) of the U.P. Act 13 of 1972 (hereinafter referred to as the Act) regarding house in dispute was allowed by the trial court holding that after reconstruction the tenant-petitioner may claim his right under Sec. 24 of the Act. The appeal filed against the same was dismissed by the lower appellate court.

(3.) The release application was filed on the ground that the property was purchased by the applicant vide registered sale deed dated 24.12.2007. A notice was given to the tenantpetitioner, however, no rent was paid and thereafter present release application was filed as the house in question is in dilapidated condition and certain portion of the house has fallen down. The release application was contested by the tenant on the ground that the present application under Sec. 21(1)(b) of the Act is wholly mala fide inasmuch a release application filed by the earlier owner/landlord under Sec. 21(1)(a) of the Act was dismissed in default on 17.11.2008 and thereafter this release application has been filed.