- (1.) Heard Sri P.C. Jain, learned counsel for the petitioner and Sri P.K. Jain, Sr. Advocate, assisted by Sri J.S. Pandey, learned counsel for the respondents.
(2.) The writ petition is directed against the judgment dated 31.7.2003 passed by Additional Civil Judge (Senior Division)/ Prescribed Authority-II, Court No. 22, Agra (Annexure 12 to the writ petition) in P.A. Case No. 147 of of 2003, rejecting Release Application of petitioner-applicant and the judgment of Appellate Court dated 24.2.2006 passed by Additional District Judge, Court No. 13, Agra, dismissing petitioner's Rent Control Appeal No. 463 of 2003.
(3.) Petitioner, Roman Catholic Diocese Private Limited claims itself to be a charitable and religious organization. It also claims itself to be the exclusive owner and landlord of property No. 161 situate at Metcalfe Road, Cantonment, Agra. The disputed premises constituted three rooms, kitchen, bathroom and open veranda on the ground floor, which is said to have been let out to respondent-tenant Sri K.B. Hingorani, for a monthly rent of Rs. 45/-. An application under Section 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") was filed by petitioner before Prescribed Authority for release of disputed accommodation on the ground that it intends to start a Social Work Centre for providing training of tailoring, embroidery, typewriting etc. for development of poor women living around the area where the disputed property situate and also in the nearby villages. It appears that tenant did not appear initially and Release Application was allowed by an ex-parte order dated 14.8.1995, whereagainst Restoration Application under Order 9 Rule 13 C.P.C. was filed by one Gajendra Singh, which was rejected by Prescribed Authority by order dated 31.5.1997 on the ground that Gajendra Singh has no authority to contest the matter and he was not party in the case. Misc. Appeal No. 303 of 306 of 1997 was filed along with Delay Condonation Application, which was allowed by Appellate Court by order dated 2.12.1998. Petitioner challenged the said appellate order in Writ Petition No. 9187 of 1999 which was dismissed on 15.3.1999. The result was that Gajendra Singh stood validated to contest the Release Application of petitioner on behalf of respondent no. 3.;