S.U. Khan, J. - (1.) Heard learned Counsel for the petitioner and learned Counsel for the respondent No. 3, Lal Ji Jaiswal.
(2.) Respondent No. 3, landlord filed release application under Section 21 of U.P. Urban Buildings (Regulation of Letting Rent & Eviction) Act, 1972 against Vikram Jaiswal, respondent No. 4, who is real brother of petitioner Payrey Lal Jaiswal. Prescribed Authority/Special C.J.M, Allahabad allowed the release application (P.A. Case No. 107 of 1990) on 25.1.1995. Vikram Jaiswal filed appeal, however it appears that during pendency of appeal compromise took place in between landlord and Vikram Jaiswal and Vikram Jaiswal accepted some money and thereafter allowed the appeal to be dismissed in default. Appeal of Vikram Jaiswal was registered as R.C. Appeal No. 108 of 1995 and was dismissed in default on 30.5.1995. Thereafter, petitioner also filed appeal against release order dated 21.1.1995 as well as objections under Section 23 of the Act. Appeal was dismissed as not maintainable on 17.7.1995 and objections were also dismissed on 1.12.1995. The two orders were challenged by the petitioner through writ petition No. 5043 of 1996. The writ petition was disposed of on 19.8.2006 holding the appeal of the petitioner to be maintainable and directing the appellate Court to decide the appeal on merit. Thereafter, appeal was again held and dismissed through order dated 9.8.2007 passed by A.D.J., Court No. 14, Allahabad. The said order has been challenged through this writ petition.
(3.) Number of petitioner's appeal is shown to be R.C. Appeal No. 18 of 2007. Initially appeal of the petitioner was registered as Misc. Case No. 471 of 1995 and was dismissed as not maintainable by District Judge, Allahabad. After order of this Court dated 19.8.2006, said appeal was registered as Rent Control Appeal No. 18 of 2007.;