RAKESH TIWARI,J. - (1.) HEARD counsel for the parties and perused the record.
(2.) CASE No. 14 of 1994 was filed by the petitioner Gulshehra Khanam against respondent no. 2 Aftab Ahmad under section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 ( hereinafter referred to as Act no. 13 of 1972). Sri V.P. Singh, who was working as First Additional Civil Judge (SD), Aligarh was authorised by the District Judge, Aligarh vide order dated 6.1.1999 to exercise, perform and discharge all the powers, function and duties of Prescribed Authority under section 3(e) of U.P. Act No. 13 of 1972. Order dated 6.1.1999 of the District Judge, Aligarh in this regard reads thus : Order no. 1 of 1999 Sri Ashwani Kumar, I Addl. Civil Judge(S.D.), Aligarh, who was appointed Prescribed Authority under provision of U.P. Act no. XIII of 1972, has taken over charge of the court of Ist Addl. Chief Judicial Magistrate, Aligarh. Therefore in supersession of all previous orders, I hereby appoint Sri V.P. Singh, I Addl. Civil Judge(SD), Aligarh as Prescribed Authority, under section 3(e) of U,.P. Act no. 13 of 1972 and authorise him to exercise, perform and discharge all the powers, function and duties of the Prescribed Authority under the said Act in respect of the cases relating to Tehsil Koil including Aligarh town with immediate effect. Sd/- (V.S. Bajpai) District Judge, Aligarh 6.1.1999" Sri V.P. Singh was thereafter appointed and posted as Civil Judge (S.D.), Aligarh. He vide his letter dated 17.2.1999 informed the District Judge that as there are a few number of cases for hearing in the court of Civil Judge (S.D.), Aligarh and his quota is not complete, he requested that two cases being P.A. case no. 13 of 1994 i.e. case of the petitioner, and original suit no. 411 of 1988, which he has already heard and only judgment is to be delivered, may be transferred to his court if possible. Pursuant thereto, the District Judge, Aligarh vide his order dated 18.2.1999 recalled the aforesaid two files and transferred them to his court for the purpose of disposal of the case.
(3.) IN the mantime, Sri K.P. Singh was appointed as Ist A.C.J.M. by order dated 12.2.199 and he joined the post. Subsequently, by order dated 26.2.199 of the District Judge, Sri K.P. Singh was appointed as Prescribed Authority under section 3(e) of U.P. Act No. 13 of 1972 for deciding cases arising out of U.P. Act no. 13 of 1972. The order dated 12.2.1999 is thus : Order no. 14 of 1999 Vide my order dated 6.1.1999 Sri V.P. Singh, I Addl. Civil Judge(S.D.), Aligarh was appointed Prescribed Authority under section 3(e) of U.P. Act No. XIII of 1972. Now Sri K.P. Singh has been appointed I A.C.J.M., Aligarh with effect from 12.2.99. He will continue to exercise, perform and discharge all the powers, functions and duties of the Prescribed Authority under the said Act in respect of the cases relating to Tehsil Koil including Aligarh Town with immediate effect. All the files relating to the work of the Prescribed Authority are hereby recalled from the court of I Addl. Civil Judge (SD, Aligarh and transferred to the court of I A.C.J.M., Aligarh with immediate effect. Sd/- ( V.S. Bajpai) District Judge, Aligarh 26.2.1999" ;