AJAY KUMAR JAISWAL Vs. SHANTI SINGH

JUDGEMENT

(1.) Heard petitioner's counsel.

(2.) This is tenant's petition challenging the order dated 20.3.1998 passed by respondent No. 2 and the orders dated 15.1.94 and 15.9.94 passed by the respondent No. 3.

(3.) According to the petitioner, the disputed portion of House No. C-26/35-A-ID, Mohalla Bagh Kanhaiya Lal, Lahura Veer (Ram Katora), Varanasi was let out to the petitioner by Smt. Shanti Devi, respondent No. 1 on a monthly rent of Rs. 1,000 on 1.1.1991 and since then he is in occupation thereof with the consent of the landlady, respondent No. 1. On 4.11.1993, an application was moved by Shri Ram Singh for allotment of the said accommodation and on the basis of which the Rent Control and Eviction Officer proceeded to make an enquiry and by his order dated 15.1.94 declared the accommodation in question vacant. Thereafter the respondent No. 1 landlady moved an application for release under Section 16 of the Act. The said application was, however, rejected by the respondent No. 2 by the order dated 15.9.94. The respondent No. 1 challenged the said order by filing Revision No. 180/1994 before the District Judge, Varanasi. In that revision, the petitioner applied for impleadment. The application for impleadment was, however, rejected by the Additional District Judge by the order dated 7.2.1995. The petitioner challenged the said order before this Court in Writ Petition No. 4625 of 1995. The writ petition was also dismissed by this Court by the order dated 27.5.1997. The respondent No. 2 by the order dated 20.3.98 allowed the revision filed by the landlady and has remanded the matter to the respondent No. 2 for a fresh decision on the release application moved by the landlady.