CHANDRA BHAN Vs. PRAKASH DUBEY

JUDGEMENT

(1.) Heard Sri Rishikesh Tripathi, learned counsel for the defendant- tenant/petitioner and Sri Madhav Jain, learned counsel for the plaintiffs-landlords/respondents.

(2.) This petition has been filed praying to set aside the order dated 02.01.2019 in Misc. Case No. 53 of 2019 arising from Misc. Case No. 1602 of 2018 in Rent Control Misc. Appeal No. 187 of 2016 (Chandra Bhan vs. Smt. Prakash Dubey and others).

(3.) Briefly stated facts of the present case are that the respondents are owners and landlords of the disputed House No. 2/6 Madhav Ashram, Namner Agra, Ward No. 7, P.S. Sadar Bazar, Agra. The first floor of the aforesaid house is occupied by the petitioner herein as tenant. A Release Application under Section 21(1)(a) of U.P. Act 13 of 1972 being P.A. Case No. 21 of 2012, was filed by the landlords- respondents, which was allowed by the Court of Judge Small Cause Court/Prescribed Authority, Agra by judgment dated 28.10.2016. A finding has been recorded in the said judgment that the defendant- tenant/petitioner has acquired in vacant state a three-storey residential house in the same locality. The finding on the point of bonafide need and comparative hardship was also recorded in favour of the landlords-respondents. Aggrieved with that judgment, the defendant-tenant/petitioner filed a Rent Control Misc. Appeal No. 187 of 2016, which was dismissed for non-prosecution by order dated 03.10.2018 passed by the Ist Additional District Judge, Agra. The petitioner moved an Application 4ga for recall of the aforesaid order, which was registered as Misc. Case No.1602 of 2018. It was allowed by the appellate court by order dated 15.12.2018 subject to payment of cost of Rs. 1000/- to be paid within a week. The cost was not deposited. Consequently, the order dated 15.12.2018 was held to be nullified by the court below by order dated 02.01.2019. Thereafter, the petitioner filed a recall application being Misc. Case No. 53 of 2019 for recall of the order dated 02.01.2019, which has been dismissed by the impugned order dated 04.04.2019.