S.U. Khan, J. - (1.) At the time of argument no one appeared either on behalf of respondent No. 3 or on behalf of Shrimati Sukhrani widow of respondent No. 4 Raghubir Prasad, who was substituted at his place.
(2.) Property in dispute is a shop of which petitioner is tenant. This writ petition arises out of release proceedings initiated by Chhotelal Pal, respondent No. 3 claiming himself to be landlord against tenant-petitioner, for eviction/release under Section 21 of U.P. Act No. 13 of 1972. In the release application respondent No. 3 Chhotelal Pal pleaded his own bonafide need. Release application was registered as R.C. Case No. 76 of 1977. Prescribed authority / First additional Civil Judge, Kanpur allowed the release application on 17.7.1981. Against the said judgment and order petitioner filed Rent Appeal No. 207 of 1981. Appeal was dismissed by District Judge, Kanpur on 11.5.1982. In the release application Raghubir Prasad was also imp leaded as applicant No. 2. However, need set up was for Chhotelal Pal alone, petitioner contended that Chhotelal Pal was not the landlord and only Raghubir Prasad was the landlord. Both the courts below held that Chhotelal Pal was also the landlord. This writ petition by the tenant is directed against the aforesaid judgment of the Prescribed authority and Appellate Authority.
(3.) Along with application dated 18.5.2005 a supplementary affidavit has been filed. Through the said supplementary affidavit copy of reply by Raghubir Prasad and certified copy of the order passed in case No. 08 of 2001 Chhotelal Pal v. Raghubir Prasad under Section 145 Cr.P.C. has been filed. The said case was decided by Additional city Magistrate IV, Kanpur Nagar on 19.10.2004 on the basis of compromise. It appears that in respect of shop in dispute and some other adjoining property serious dispute naa erupted in between Chhotelal pal and Raghubir Prasad. Raghubir prasad in his reply which he filed in the said case under Section 145 Cr.P.C. Which is Annexure "I" to the supplementary affidavit clearly stated that he alone was the owner of the property in dispute as he had purchased it through registered sale deed dated 23.7.1949 (para 3). In" para 10 of the said reply it was stated that the allegation of Chhotelal that he was co owner and in that capacity he filed suits for eviction against the tenants was utterly false. It was further stated that Raghubir Prasad had only permitted; filing of the suit by Chhotelal under his (Raghubir Prasad's name) and that Chhotelal duped him and included his own name also in the cases. From the order dated 19.10.2004 passed in the said case (Case No. 1 or 8 of 2001), copy of which is Annexure "2" to the supplementary affidavit, it is clear that on 9.9.2004 a compromise was entered into in the said case in between Chhotelal Pal and Raghubir Prasad, according to which on the shops in dispute (including shop in dispute in the instant writ petition) Raghubir Prasad had been in possession and would remain in possession and Chhotelal Pal would not have any objection to that.;