- (1.) RAKESH Tiwari, J. Heard Counsel for the parties.
(2.) RELEASE application (Rent Case No. 108 of 1985) under Section 21 (1) (a) of the U. P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') filed by the landlord was allowed as far back as on 17-7-1992 by Chief Metropolitan Magistrate, Kanpur Nagar. Aggrieved by order dated 17-7-1992, the respondent Nos. 3 to 5 filed Rent Appeal No. 170 of 1992 which was also dismissed vide judgment dated 16-8-1993. Aggrieved against the aforesaid judgment, respondent Nos. 3 to 5 filed Civil Misc. Writ No. 30643 of 1993 which was also dismissed by this Court vide judgment and order dated 9-11-1994.
(3.) AFTER dismissal of the writ petition, an application was moved for grant of time to vacate the accommodation. The High Court vide order dated 17-11-1994 granted 6 months time to the tenant to vacate the disputed accommodation on the condition of undertaking to be given by the tenants within three weeks from the date of order in pursuance of the order dated 17-11-1994. Respondent Nos. 3 to 5 gave their undertaking for vacating the disputed accommodation within the stipulated period, however, despite furnishing undertaking dated 6-12-1994, respondent Nos. 3 to 5 did not handover vacant physical possession to the landlords, as such, application under Section 23 of the Act was filed which was registered as Rent Misc. Application No. 13/23/1996, Shiv Shankar Gupta v. Ram Kishore Gupta & Ors. It appears that Rent Misc. Application No. 13/23/1996 was dismissed in default on 3-2-1998. Thereafter, a fresh application was moved which was registered as case No. 20/23/1999 and original rent case No. 108 of 1985 could be attached only on 5-7- 2003. An order was passed on 25-8-2003 directing the applicant to give an affidavit in pursuance thereof, accordingly, an affidavit was filed by respondent Nos. 3 to 5 on 2-9-2003. Thereafter, an application dated 26-9-2003 was moved by respondent Nos. 3 and 4 stating therein that in pursuance of the undertaking given by them, possession had been delivered to one Sri Krishna Narain in the last week of April, 1995, as such, they prayed for dismissal of the application under Section 23 of the Act as not maintainable.;