PANKAJ MITHAL,J. - (1.) THE landlady Smt. Kamla Devi has preferred this writ petition challenging the judgment and order of the lower appellate court dated 29.1.2000 passed in Rent Control Appeal No. 103 of 1998 (Bhola Nath Jaiswal Vs. Smt. Kamla Devi).
(2.) THE release application of the petitioner landlady under Section 21(1)(a) of U.P. Act No. 13 of 1972 against the respondent no. 3 in respect of the shop situate on the ground floor forming part of the house no.72 A/70 Mohalla Dilkusha, Naya Katra, Allahabad was allowed on 16.5.1998 by the prescribed authority. The appeal preferred by the tenant respondent no. 3 was allowed on 29.1.2000 and the order of release was set aside. Thus, this petition has been filed by the petitioner. The writ petition was entertained and subsequently vide order dated 22.9.2006 as an interim measure respondent no. 3 was directed to pay enhanced rent of Rs. 2,500/- per month w.e.f., September 2006. Respondent no. 3 applied for recall of the above order but the application was rejected on 16.10.2006. The aforesaid two orders were assailed by respondent no. 3 before the Supreme Court by means of SLP which was dismissed on 19.2.2007.
(3.) FINALLY , the writ petition was decided vide judgment and order dated 9.7.2007. The petition was allowed and the judgment and order of the appellate court was quashed. Respondent no. 3 applied for recall of the judgment and order dated 9.7.2007. The application was rejected on 2.8.2007. In the meantime, execution proceed and the petitioner was put in possession of the disputed shop on 5.8.2007. Respondent no.3 aggrieved by the judgment and order passed in the writ petition and the rejection of his recall application went to the Supreme Court and preferred a SLP. Leave was granted and the civil appeal was finally disposed of vide order dated 22 February 2010. The orders of the High Court dated 2.8.2007 and 9.7.2007 were set aside with the request to decide the writ petition again after affording opportunity of hearing to both sides.;