S.D.Agarwal, J. - (1.) THIS is a petition under Article 226 of the Constitution of India. This is one of those rare cases where the history of the case is relevant which shall show that the proceedings have been taken one after the another with the object of delaying the final orders passed by this Court in a release application moved by the landlord. The multifarious proceedings which have been taken in regard to the litigation in respect of the shop in dispute are nothing but an abuse of the process of the Court. The property in dispute is a shop, situate in Mohalla Shrirampur, qasba Shahganj, district Jaunpur. An application was filed for release of the shop under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction), Act 1972 (U.P. Act No. 13 of 1972) (hereinafter referred to as the Act) on the ground that the landlord bona fide required the shop in dispute for his own use and occupation. This application was filed in the year 1974 against the then tenant Mathura Prasad, the Predecessor -in -interest of the petitioner and respondent Nos. 6 to 9. This application was initially dismissed by the Prescribed Authority on 28th October, 1977. The landlord thereafter, filed an appeal under Section 22 of the Act. The landlord Raja Ram had died during the pendency of the proceedings before the Prescribed Authority and his heirs were brought on the record and are respondent Nos. 3 to 5 in the present petition. During the pendency of the appeal, the tenant Mathura Prasad also died. The petitioner and respondent Nos. 6 to 9 are the heirs of Mathura Prasad.
(2.) THIS appeal was allowed by the appellate Court on 12th November, 1980. A categorical finding was recorded by the appellate Court that the need of the landlord was genuine and hard pressed and after comparison of the hardship of the landlord and the tenant, the Court further came to the conclusion that greater hardship will be caused to the landlord in case the release application was not all owed. Against this decision dated 12th November, 1980, a Writ Petition No. 10384 of 1980 was filed in this Court. This petition was filed by Sitla Prasad, Ramai and Virendra Kumar, all sons of Mathura Prasad. Ramai is none else but the petitioner Rama Shankar, as his name is Rama Shankar alias Ramai. This petition was dismissed on 3rd December, 1980, by Hon. Mr. Justice Yashoda Nandan (as he then was) holding that there was no merit in the case and the petitioners were allowed three months' time to vacate the premises in question.
(3.) IT is curious to find that the three months granted by this Court as far back as on 3rd December, 1980, have not yet been over and the landlord is still under pressure of some how getting possession over the property though five years have elapsed.;