Sibghat Ullah Khan, J. - (1.) LIST revised. No one appears for the respondent. Heard learned Counsel for the petitioner.
(2.) THIS writ petition is directed against order dated 5.1.1990 running into 21 pages through which VIIth A.D.J., Saharanpur rejected the restoration/rehearing application of the landlord -petitioner in Misc. Case No. 1 of 1989, Surendra Chandra Jain v. Anil Mayor. Landlord -petitioner against tenant respondents filed release application under section 21 of U.P. Act No. 13 of 1972 for their eviction from the shop in dispute on the ground of bona fide need. Release application was allowed, appeal was dismissed and writ petition being Writ Petition No. 245 of 1987 filed against the said orders by the tenant -respondent was also dismissed by this Court on 1.3.1988. Thereafter, a review petition was filed in the writ petition stating therein that landlord had entered into an agreement to let out the shop in dispute with a third person hence he had no bona fide need. On the said review petition an order was passed by this Court on 19.5.1988 directing the District Judge, Saharanpur to decide as to whether any such agreement was executed by the landlord in favour of another person i.e. Chandra Shekhar Gupta or not.
(3.) THE District Judge, Saharanpur transferred the matter to VIIth A.D.J., Saharanpur. VIIth A.D.J. on 8.2.1989 decided the question ex parte in favour of the tenant. Within six days i.e. on 14.2.1989 landlord filed an application before A.D.J. requesting that order dated 8.2.1989 might be recalled, and fresh order be passed after hearing him as he was prevented by sufficient cause to appear on 8.2.1989. Through extensively laboured judgment running into 21 pages the said application has been rejected by the impugned order.;