S.U.Khan, J. - (1.) The court made efforts to compromise the matter in between the parties. However on 27.3.2006 learned Counsel for both the parties stated that compromise was out of question. Thereafter arguments were heard on 27.4.2006 and judgment was reserved.
(2.) This is landlord's writ petition directed against order of R.C. & E.O/ S.D.O Sambhal district Moradabad dated 30.6.1986, copy of which is annexure 9 to the writ petition which does not contain any case number. Names of the parties mentioned therein are Bhagwan Das and Ors. v. Smt. Kanti Devi and Ors.. The said order was passed on the release application under Section 16 of U.P. Act No. 13 of 1972 filed by original landlady Smt. Saraswati Devi since deceased and survived by the petitioners. In the release application, it was stated that shop in dispute was deemed vacant, as non-family members had been inducted by tenants as partner in the business carried out from the shop in dispute. R.C. & E.O. held that there was vacancy. Against the said order initially a revision was filed by the petitioner, which was allowed by II Additional District Judge, Moradabad on 25.11.1988. Order of R.C. & E.O was set-aside and it was held that there was deemed vacancy of the shop in dispute under Section 12(2) of the Act. Against order dated 25.11.1988, writ petition was filed in this Court being writ petition No. 23275 of 1988. The said writ petition was allowed on 19.2.1991 only on the ground that against order of R.C. & E.O. refusing to declare the vacancy no revision was maintainable. In view of the aforesaid decision of this Court dated 19.2.1991 order passed by R.C. & E.O. dated 30.6.1986 has been challenged through this writ petition.
(3.) The tenancy is continuing since long. At different times different persons have been partners of the firm, which carried out the business from the shop in dispute. Until 1974 rent notes were also executed after short intervals in between the tenants and landlady. The last rent note is of 30.11.1974 in between landlady and Mahavir Saran son of Indra Mal.;