A.K.Yog, J. - (1.) Heard Sri D. K. Khanna, advocate on behalf of the petitioner and perused the record.
(2.) At the outset it may be noted that respondent No. 2/Batool Ahmad had put in appearance by filing vakalatnama of Sri A. N. Sinha, advocate whose name appears in the cause list. However, no counter-affidavit has been filed (as borne out from office report dated 5.7.2005).
(3.) Through present writ petition under Article 226, Constitution of India, Mohd. Sayeed seeks to challenge impugned order dated 6.1.1994 (Annexure-14 to writ petition) passed by Delegated Authority/R.C. and E.O./Additional City Magistrate Vth, Kanpur Nagar in Case No. 109 of 1993, Mohd. Saeed Khan v. Batool Ahmad. Premises in question is House No. 105/134-comprising-one room, one varandah, court yard, latrine, bath room situate on ground floor situate in Kanpur Nagar in pursuance to the remand order dated 27.2.1993 passed by the then Additional District Judge in Rent Revision No. 52 of 1992, Batool Ahmad v. Mohd. Saeed Khan and Ors. whereby matter was remanded to the Delegated Authority for deciding afresh the question whether 'Batool Ahmad in possession of the house in question, was admitted as tenant with the consent of landlord/owner of the house on or before 5.7.1976, i.e., the commencement of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) (Amendment Act), 1976 and his possession over the house in question without valid allotment order even though provisions of U. P. Act No. 13 of 1972 were applicable, stood regularized in view of Section 14 of the said Amended Act.';