- (1.) YATINDRA Singh, J. One Sri Ganda Lal was a tenant of the shop in question. Sri Satya Prakash (the landlord) filed an application under Section 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (the Act) for release of the shop on the ground of per sonal need. During the pendency of this application Sri Ganda Lal died and the landlord filed an application for substitut ing his heirs. In this application married daughters of Sri Ganda Lal were not party. Subsequently, under orders of the Court married daughters were also impleaded as heirs of Sri Ganda Lal. Smt. Raj Rani (the petitioner) is a married daughter of Sri Ganda Lal. She was also impleaded but the case as was ordered to proceed ex parte against her on 5-9-1997. Subsequently she filed an application for recalling the order. This application was dismissed by the Court below on 17-1- 1998. Hence the present writ petition.
(2.) I have heard Sri R. R. Shivahare counsel for the petitioner and Sri VK. Birla for the respondent. It is not disputed that the premises in dispute is non residential and the heirs of the erstwhile tenant are also tenants. In view of this the petitioner was rightly impleaded. She has come forward and wants to contest the case. Sri Birla counsel for the respondent has no objection against the same. In view of this order dated 5-9-1997 and 12-1-1998 are quashed. The matter is send back to the Civil Judge for redecision on merit. The parties will appear before the Civil Judge concerned on 30-7-2001 and thereafter the matter may proceed in accordance with law. Needless to add that the application was filed in the year 1988. More than 12 years have already passed. In view of this case appeal may itself be decided ex-peditiously. With these observation the writ petitions disposed off. Petition disposed of. .;