- (1.) S. U. Khan, J. Heard learned Counsel for the petitioner as well as learned Counsel for respondent No. 1 the only contesting respondent. Petitioner and respondent No. 1 are real brothers.
(2.) PROPERTY in dispute is ground floor portion consisting of six rooms of House No. S-2/1-C-30, situate in Mohalla Bhuvneshwar Nagar Colony, Ardali Bazaar, Varanasi. Earlier office of Food Security Programme of Government of India was tenant in the accommodation in dispute at the rent of Rs. 1,100/- per month. It vacated the premises on 20. 6. 1991. Thereafter it was released in favour of the petitioner by R. C. & E. G. , Varanasi through order dated 3. 12. 1992 (formal release order was issued on 4. 1. 1993 ). The said release order was challenged by respondent No. 1 through revision which was registered as Misc. Case No. 89 of 1993 and was accompanied by delay condonation application. The delay condonation application and the revision were dismissed in default on 4. 5. 1995 by IIIrd Additional District Judge, Varanasi. Thereafter respondent No. 1 did not take any steps for restoration of the revision/delay condonation application. Respondent No. 1 had also filed a review petition before R. C. & E. O. , on 12. 2. 1993 seeking review of release order dated 3. 12. 192/4. 1. 1993. Meanwhile in the year 1998 petitioner had let out the accommodation in dispute to the office of Up- Nideshak (Arth Evam Sankhya), Varanasi, at the rent of Rs. 5,000/- per month.
(3.) IN the year 2001 respondent No. 1 filed an allotment application before R. C. & E. O. , in the form of Rent Case No. 23 of 2001 which was rejected through order dated 12. 4. 2001 on the ground that rent being more than Rs. 2,000/- per month, matter was beyond the purview of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Thereafter respondent No. 1 filed a review application before R. C. & E. O,, on 30. 5. 2001. IN the said application prayer for setting aside release order dated 3. 12. 1992 was made. Review application dated 30. 5. 2001 was registered as Case No. 43 of 2001 on the file of Rent Control and Eviction Officer/additional District Magistrate (Civil and Supplies, Varanasi. R. C. & E. G. , through order dated 26. 12. 2003 allowed the review application of respondent No. 1 and set aside the earlier release order dated 3. 12. 1992 and directed the case to be put up again on 27. 1. 2004. Review application was allowed on the ground that the building was released for personal need hence it could not be let out. The objection to the effect that rent being more than Rs. 5,000/- per month hence matter was beyond the purview of Rent Control Act was brushed aside. Against the said order petitioner filed revision before District Judge, Varanasi being Rent Control Revision No. 1 of 2004. Revisional Court stayed further proceedings before R. C. & E. O. Revision was dismissed on 14. 3. 2005. Thereafter R. C. & E. O. , through order dated 9. 5. 2005 released the property in dispute in favour of respondent No. 1. At that juncture the present tenant i. e. , Up-Nideshak (Arth and Sankhya), Varanasi appeared before R. C. & E. O. and fled an application for recall of order dated 9. 5. 2005. Thereupon R. C. & E. O. , passed order on 21. 7. 2005 directing the present tenant to execute rent agreement in favour of respondent No. 1 and start paying rent to him. Copy of the said order is Annexure-17 annexed along with amendment application which has already been allowed.;