- (1.) S. U. Khan, J. This writ petition is being disposed of without issuing notice or hearing land lord/respondents. If they feel aggrieved they are at liberty to file an application for recall of this order.
(2.) LANDLORD/respondents filed a release application under Section 21 of U. P. Act No. 13 of 1972 against tenant/petitioner which was registered as P. A. Case No. 75 of 1987. The said release application was allowed ex parte on 3-3-1990. Tenant/petitioner filed restoration application which was rejected by Prescribed Authority/ii-Addl. Civil Judge, Bareilly on 17-1-1991. Petitioner filed appeal against both the orders dated 3-3-1990 and 17-1-1991 being Rent Control Appeal No. 21 of 1991. The said appeal has been dismissed by judgment and order dated 16-3-2004 which is impugned in the instant writ petition. Appeal itself was belated and delay was condoned on 24-11-2000. It is most unfortunate that appeal remained pending for about 13 years even application for condonation of delay was allowed after nine years. Appeal has been dismissed by Addl. District Judge, Court No. 12, Bareilly. Learned Judge is expected to be more careful in future. Just before operative portion Appellate Court has observed that neither any request has been made for deciding appeal on merit nor there is any necessity for the same as the appeal is not maintainable, hence the appeal deserves to be dismissed. In the earlier part of the judgment the Appellate Court held that against order of rejecting restoration application by Prescribed Authority under Section 21 of the Act no appeal is maintainable. To that extent Appellate Court was right. However, appeal was rejected against order dated 3-3-1990 also which was the order allowing release application ex-parte. Against the said order appeal was certainly maintainable. Learned Counsel for petitioner has also argued that Appellate Court should have decided appeal against order dated 3-3-1990. Accordingly impugned judgment dated 16-3-2004 passed in Rent Control Appeal No. 21 of 1991 by Addl. District Judge, Court No. 12, Bareilly is set aside only to extent it relates to dismissal of appeal directed against order dated 3-3-1990. Appellate Court is directed to decide appeal against order dated 3-3-1990 after hearing learned Counsel for the parties. Appeal must be decided within two months from the date of production of certified copy of this order, after notice/information to landlord/respondents. Until 31-7-2004 petitioner shall not be evicted provided that certified copy of this order is filed before the Appellate Court within 15 days from today. Matter remanded. .;