- (1.) The tenant has filed this petition for assailing the order dated 23rd February, 2008 passed by the Prescribed Authority declaring vacancy in proceedings initiated by the respondent-landlord as also the judgment and order dated 22nd November, 2011 by which the Revision filed by the petitioner to assail the aforesaid order has been dismissed on merits. It is submitted by the learned Counsel for the petitioner that under a wrong legal advice, the Revision was preferred by the tenant against the order declaring vacancy whereas in fact no Revision was maintainable. It is his submission that the Revision could have been filed only after the order for release of the premises in favour of the landlord was passed or an order for allotment was made. He, therefore, submits that the Revisional order may be set aside with liberty to the petitioner to file a fresh Revision after the premises are either released in favour of the landlord or an allotment order is passed.
(2.) Sri K.P. Tiwari, learned Counsel appearing for the respondent-landlord submits that such an objection about maintainability of Revision was in fact raised by the landlord in the Revision filed by the tenant but the Court below proceeded to examine the matter on merits.
(3.) It is, therefore, admitted to the learned Counsel for the parties that the Revision filed against the order declaring vacancy was not maintainable and it could have been filed by the tenant only after the premises were either released in favour of the landlord or an allotment order was passed. In this connection reliance has been placed on the decision of the Supreme Court in Achal Mishra v. Rama Shankar Singh and others, 2005 59 AllLR 591. In view of the aforesaid, the Revisional Court was not justified in deciding it on merits and it should have been dismissed as not maintainable. This petition is, accordingly, disposed of with the observation that it will be open to the petitioner to file a Revision after the final order under section 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 is passed by the Prescribed Authority without being influenced by any observation made in the judgment and order dated 22nd November, 2011 passed by the Additional District Judge, Lalitpur.;