SUNITA AGARWAL,J. - (1.) The present writ petition is directed against the order dated 2.3.2016 passed by the Additional District Judge, Court No. 5, Gorakhpur in P.A Appeal No. 41 of 2013 whereby the application under Section 5 for condonation of delay in filing appeal under Section 22 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction), Act No. 13 of 1972 (hereinafter referred to as the 'Act') has been rejected.
(2.) It appears that the release application namely P.A. Case No. 33 of 1999 (Smt. Shyam Payari Devi v. Sanjay Kumar and Ors.) was filed under Section 21(1)(a) read with Section 21(1)(b) of the Act for release of the shop in question. It was partly allowed under Section 21(1)(b) of the Act. The rejection of release for the personal need of the landlord under Section 21(1)(a) was not challenged. The tenant challenged the release order under Section 21(1)(a) in an appeal namely Rent Appeal No. 11 of 2008 (Smt. Shyam Payari Devi v. Sanjay Kumar and Ors.) which was dismissed on 28.9.2012. Against the order of appeal, Writ Petition No. 57469 of 2012 (Sanjay Kumar and Ors. v. Smt. Shyam Pyari Devi and Ors.) was dismissed on 5.11.2012.
(3.) It appears that the present appeal was filed in the year 2013 along with the application under Section 5 of the Limitation Act with the prayer for condonation of delay. The reason given for delay in filing appeal given therein was that the petitioner could not get correct legal advise. As soon as he came to know that his interest would be effected on account of the dismissal of the release application under Section 21(1)(a), the present appeal has been filed.;