- (1.) HEARD learned Counsel for both the parties in the first writ petition and only the learned Counsel for the petitioner in the second writ petition as tenants respondents of the said writ petition did not appear in spite of sufficient service.
(2.) BOTH the writ petitions have been filed by same landlords against different tenants. Properties in dispute in both the writ petitions are different but adjacent to each other. The tenant in the writ petition of 1998 was Om Prakash-respondent No. 3, who died during pendency of proceedings before the Courts below and was substituted by his legal representatives, who are contesting respondents. Shop in dispute in the said writ petition is shop No. 174, which consists of four portions total frontage is 20 feet and 7 inches and depth is about 40 feet. Exactly an equal area is in possession of the tenants respondents in the 2003 writ petition (original tenant was deceased Panna Lal), which is numbered as shops No. 171 and 173 and both the portions are adjacent to each other. Map is given on Page No. 131 of supplementary affidavit filed in 2003 writ petition and also on page 22 of the said petition. Shops No. 171 and 173 are on the northern side and Shop No. 174 on the southern side. In both the cases, release applications filed by the landlords against tenants were dismissed by both the Courts below. In the first writ petition, release application was registered as P. A. Case No. 55 of 1987 and was dismissed on 14. 6. 1989 by Prescribed Authority V Additional Civil Judge, Ghaziabad. Against the said judgment and order Misc. Appeal No. 141 of 1989 was filed, which was dismissed by VII A. D. J. , Ghaziabad on 13. 2. 1998. In the second writ petition, release application was registered as P. A. Case No. 09 of 1996 and was dismissed by Prescribed Authority/iii Additional Civil Judge (Senior Division), Ghaziabad on 24. 5. 2002. Against the said order, R. C. Appeal No. 96 of 2002 was filed, which was dismissed on 27. 11. 2003 by A. D. J. /special Judge, C. B. I. , Ghaziabad.
(3.) RENT of each tenanted accommodation is Rs. 87. 50/-per month.;