Sibghat Ullah Khan, J. - (1.) LIST revised. No one appears for the respondents. Heard learned Counsel for the petitioner. This is tenant's writ petition arising out of eviction/release proceedings initiated by landlord respondent No. 3 Surendra Kumar Jain on the ground of bona fide need under section 21 of U.P. Act No. 13 of 1972. Prescribed Authority/First Additional Civil Judge, Agra before whom release application was registered as P.A. Case No. 35 of 1993 allowed the release application on 29.8.1988 and released the shop in dispute in favour of landlord -respondent No. 3. Against the said judgment and order petitioner -tenant filed Rent Control Appeal No. 34 of 1988. IXth Additional District Judge, Agra through judgment and order dated 30.3.1993 dismissed the appeal, hence this writ petition.
(2.) ON 22.9.1999 tenant -petitioner filed an application supported by affidavit stating therein that landlord -respondent No. 3 Surendra Kumar Jain, who had filed release application and obtained release order had sold the property in dispute to Ram Prakash, Mahesh Kumar, Dhirendra Kumar and Virendra Kumar through sale deed dated 9.7.1998. Similar application was also filed again on 3.8.2004. Copy of both the applications were given to Sri V.K. Birla, learned Counsel for previous landlord -respondent No. 3. Neither any counter affidavit to the said applications has been filed nor Sri V.K. Birla learned Counsel for respondent No. 3 is present to say any thing regarding the said fact. Accordingly, the said fact is taken to be correct. As respondent No. 3, the previous landlord for whose need the shop was released has already sold the shop, hence release orders can not be maintained. Accordingly, due to the subsequent fact of the sale of the shop in dispute, writ petition is allowed. Both the impugned orders dated 30.3.1993 and 29.8.1988 respectively passed by the appellate authority as well as prescribed authority are quashed.;