ABDUL GHAFFAR Vs. ISHTIYAQ AHMAD

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India arising out of the proceedings under Section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred to as 'the Act'.

(2.) THE property in dispute is premises No. 101/114, Talaq Mohal, Kanpur. Ishtiyaq Ahmad respondent no. 1 is the tenant. THE petitioners are the landlords. THE petitioners moved an application for release under Section 21 of the Act on the ground of personal need. THE Prescribed Authority by an order dated 30th September, 1981 allowed the release application in part and directed the tenant to handover the vacant possession of one room adjacent to the portion in possession of the landlord alongwith a verandah in front of that room to the landlords within a month.

(3.) I have heard learned counsel for the parties. Learned counsel for the' tenant-respondents Sri M. A. Qadeer has raised a preliminary objection that the present petition is not maintainable as the petitioners had filed an earlier petition against the same judgment which was dismissed by this Court on 21-7-82. No permission was sought by the petitioners for filing a fresh petition.