MAHENDRA DAYAL, J. - (1.) BOTH the aforesaid writ petitions arise out of the proceedings of rent revision No. 8/2013, pending in the court of Additional District Judge/ Special Judge, C.B.I., Court No.2, Lucknow, hence both the writ petitions are being taken up together for final disposal.
(2.) WRIT Petition No. 27 (R/C) of 2014 has been filed by the tenant assailing the order dated 7.2.2014, passed by the Additional District Judge/ Special Judge, C.B.I., Court No.2, Lucknow, whereby the application of the petitioner C -16 for stay of the proceedings under Section 10 CPC has been rejected.
(3.) WRIT Petition No. 85 (R/C) of 2014 has been filed by the landlord assailing the orders dated 13.5.2014 and 31.5.2014 and alternatively it has been prayed that a direction be issued to the learned court below to decide the Rent Revision No. 8/2013 within time frame. The dispute between the parties relates to a building known as Niyamatullah Building bearing municipal no. 143/90 C situate at Jute Wali Gali, Aminabad, Lucknow. The landlord, namely, Mod. Faisal Shamsi and Mohd. Faiz Shamsi, jointly purchased the building in question from Smt. Kishwar Fatima Ansari on 26.5.2005 by means of a registered sale deed and became the owners and landlord of the said building. The portion which was purchased by the landlord was occupied by 2 different tenants in different portions. In one portion Mohd. Haleem was the tenant, who died leaving behind Smt. Ishtiaque Azim and others as his legal heirs who became joint tenants of that portion. The landlord sought release against them by filing P.A. Case No. 28/2008, which was decided on 9.8.2012 in favour of the landlord. The Rent Appeal No. 48 of 2012 was filed against the aforesaid order of the Prescribed Authority, which was also dismissed on 24.1.2013. The heirs of late Mohd. Haleem also preferred a Writ Petition No. 18 of 2013 before this Court, which was also dismissed on 18.4.2013.;