BADRUNNISA Vs. ADDITIONAL DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) YATINDRA Singh, J. This is the writ petition against the orders dated 13-3-1984 and 16-1-1985 passed by respondents No. 1 and 2 in proceedings for allotment under U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to the Act for short ).

(2.) PETITIONERS are the landlord of the premises in dispute. One Hadi Hassan was the tenant of the same. PETITIONERS filed a suit (JSCC No. 2440/1971) against Hadi Hassan for arrears of rent and ejectment. This suit was decreed for arrears of rent on 25-4-1974, but was dismissed for the eject ment. Aggrieved by the order, the petitioner filed a revision, which was al lowed and the petitioners suit for eject ment was also decreed. This judgment has become final Between the parties. One Ali Hassan the grand-son of Hadi Hassan (the original tenant) filed an original suit No. 528 of 1975 for the declaration that the judgments decreed on 25-4-1974 and 15-3-1975 are fraudulent, null and void and that his grand-father colluded with the petitioners. This suit was dismissed on 19-11-1980. Ali Hassan filed a first appeal and a second appeal, which were also dismissed on 18-9-1982|and 5-12-1982. In the mean time, petitioners also filed an execution application to evict Hadi Hassan, the original tenant. During the pendency of the execution proceedings, Ali Sher (Respondents No. 3) filed an application on 22-9-1984 that the premise has been allotted in his favour on 13-3-1984; he is in possession; and the execution proceedings be dropped. It is then that the petitioner came to know about the order dated 13-3-1983. He filed a revision on 17-10-1984 against the Order dated 13-3-1984. This revision has) been dismissed on 16-11- 1985. It is against these orders that the present writ petition has been filed.