A.K.YOG, J. - (1.) HEARD Sri Shashi Nandan on behalf of the petitioner. Perused the record.
(2.) AN application for impleadment was filed by the petitioner Narendra Kumar Roongta in order to join the proceedings initiated by landlord of the non -residential accommodation in question (subject matter of the release application registered as P.A. Case No. 9 of 1989, Inder Kumar Keriyav. Madan Lal Roongta, under Section 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U.P. Act No. XIII of 1972 (for short called 'the Act'). It is not disputed before the Court by the learned Counsel for the petitioner that the tenant of the accommodation in question was Madan Lal Roongta, respondent No. 3, who happens to be father of the present petitioner. The impleadment application was filed by Narendra Kumar Roongta on the ground hat his father Madan Lal Roongta has become a Sanyasi, hence civil death and accordingly petitioner who happens to be his son acquired tenancy right by inheritance. Copy of the impleadment application and affidavit in support thereof dated 19 -12 -1989 have been filed as Annexure -1 to the writ petition. The said application was allowed by the Prescribed Authority vide, judgment and order dated 15 -4 -1994 (Annexure -2 to the writ petition). The landlord, however, filed an application dated 20 -5 -1994 for recalling of the said order dated 15 -4 -1994 (application No. 15 Ga/3) which is annexed as Annexure -3 to the writ petition. From the date chart annexed with the petition, it is evident that the aforesaid application remained pending for one reason or the other and meanwhile Madan Lal Roongta -original tenant appeared and filed written statement objection against release application dated 6 -2 -1998.
(3.) THE landlord, as he was then advised, filed another application (paper No. 39 Ga. annexed as Annexure -5 to the writ petition), praying for recall of the order dated 15 -4 -1994 on the ground that in view of the subsequent development Madan Lal Roongta original tenant himself having appeared and joining the proceedings by filing written statement objection against release application, the order dated 15 -4 -1994 may be recalled.;