V.K.SHUKLA, J. - (1.) PRESENT writ petition has been filed questioning the va­lidity of the orders dated 20.5.1985, 8.5.1989 and 23.5.1989 passed by the Prescribed Authority, Etah non-suiting the interest of the petitioner qua premises in question.
(2.) BRIEF background of the case is that Rajendra Kumar Jain proceeded to file application under section 21 (1)(a) of U.P. Act No. 13 of 1972 against Suraj Prasad mentioning therein that decree of ejectment be passed. In the said pro­ceeding so undertaken, on 19.8.1982 parties to the dispute entered appearance and entered into compromise mentioning therein that building in question is in dilapidated condition and as such same may be demolished and reconstruction may be carried there. Said compromise was entered and decree was passed im­mediately on the basis of the compromise on 19.8.1982. Said decree in question was not placed for execution and Rajendra Kumar Jain ultimately moved an ap­plication for execution being Misc. Application No. 2 of 1988 wherein service on respondents was presumed to be sufficient on 30.5.1988. Thereafter Form-D was issued on 8.5.1989 itself and possession was taken from the petitioner by force, it has been alleged by the petitioner. Petitioner claimed that he was occupying shop in question before 1970 as tenant, after eviction of Suraj Prasad, refereed to above. The shop in question was taken on rent by the petitioner at Rs. 12/- per month and he was regularly paying the rent to Smt. Bhodevi Kunwar, mother of respondent No. 2. Petitioner has also contended that in the year 1987, he has sensed that eviction was being planned by the landlord, then he filed Original Suit No. 618 of 1987 in the Court of Munsif, Etah and therein petitioner claims that order of status quo was passed on 30.5.1988. Petitioner has contended that in spite of said injunction being there, on the strength of the order passed in Execution Case No. 2 of 1988 he was thrown out from the premises in question and in this background he moved an application under section 34 read with Rule 22 (f) of U.P. Act No. 13 of 1972 read with section 151, C.P.C. on 9.5.1989. Against the application moved on 9.5.1989, Rajendra Kumar Jain filed an objec­tion on 10.5.1989. In the said case request was made for summoning of the docu­ments of the Original Suit No. 618 of 1987, sales tax papers etc. to prima facie prove tenancy right qua the shop in question. Said documents had been summoned. The Prescribed Authority passed order rejecting application moved on behalf of the petitioner. At this juncture present writ petition has been filed questioning the orders dated 23.5.1989 and orders dated 28.4.1989 and 8.5.1989 passed by Prescribed Authority, Etah. Counter affidavit has been filed contending therein that Suraj Prasad was the tenant, who agreed to vacate the premises in question and thereafter, as premises in question was not vacated, then order in question was put to execu­tion and Parwana Dakhal was issued. It has been further stated that godown was 100 years old and was in dilapidated condition and as such it was demol­ished in the year 1989. In respect of application moved on behalf of the peti­tioner, it has been rightly rejected on merit. It has also been stated that peti­tioner was tenant in another Kothari which had fallen down in the year 1982, which petitioner had admitted in Original Suit No. 451 of 1971 (Prakash Chand Jain and others v. Rajendra Kumar Jain and others). It has been stated that claim of the petitioner is unsustainable on the face of it and in this back­ground writ petition is liable to be dismissed.
(3.) REJOINDER affidavit has been filed disputing the averments mentioned in the counter affidavit and copy of the assessment register has been sought to be brought on record to show and substantiate that tenancy was subsisting there.;