S.U.Khan, J. - (1.) Property in dispute is a flat situate in Khanna Building Subhash Nagar, Bareilly containing a big Hall and two rooms of 14' 11', dimensions each, along with Varandah, Tin shed and other amenities like latrine, bath room, kitchen etc. It was allotted to respondent No. 3, Diwakar Upadhyay on 18.1.1973 after rejection of release application of the landlords on 10.1.1973. If the version of respondent No. 3 that he paid 28 years rent on 16.11.2000 is not believed, then he is in possession for 33 years without payment of any rent. This petition was filed by P.N. Khanna and B.N. Khanna who were real brothers. B.N. Khanna died in 2003 and was substituted by his legal representatives.
(2.) The flat in dispute fell vacant due to its vacation by earlier tenant B.R. Bhatia. Release application was filed under Section 16 of U.P. Act No. 13 of 1972 by P.N. Khanna, petitioner No. 1. Even though in writ petition and in some other affidavits it was stated that release application was filed by both the petitioners, however during the course of arguments learned Counsel for the petitioners clarified that as copy of release application was not available at the time of filing the writ petition, and other affidavits, hence it was wrongly mentioned therein that both the petitioners had filed release application. Learned Counsel for the petitioners admits the contention of the learned Counsel for respondent No. 3 that release application was filed only by P.N. Khanna, petitioner No. 1 and B.N. Khanna was impleaded as proforma respondent in the said application.
(3.) As stated earlier, release application was rejected by Rent Control and Eviction Officer on 10.1.1973 and flat in dispute was allotted to respondent No. 3 on 18.1.1973. However, in the allotment order no rent was fixed. Against the said orders two revisions - being revision No. 20 and 29 of 1973 were filed. On 6.11.1973 Additional District Judge. Bareilly allowed both the revisions, set aside both the impugned orders and matter was remanded to Rent Control and Eviction Officer. Thereafter on 21.1.1975 Rent Control and Eviction Officer released the flat in dispute in favour of petitioner No. 1 P.N. Khanna. Against the said order appeal/revision was filed by respondent No. 3, which was dismissed by the District Judge, Bareilly on 23.7.1975 and six month's time was granted to vacate.;