DEVENDRA KUMAR AND OTHERS Vs. GEETA DEVI (SMT.) AND OTHERS
LAWS(ALL)-2008-7-315
HIGH COURT OF ALLAHABAD
Decided on July 31,2008

Devendra Kumar And Others Appellant
VERSUS
Geeta Devi (Smt.) And Others Respondents

JUDGEMENT

S.U.Khan, J. - (1.) Heard learned Counsel for the parties.
(2.) Gulab Chand since deceased and survived by Respondent Nos. 1 and 2 and others filed release application under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 against Sri Ram and 9 others. Vishwanath teli father of petitioners 1 & 7 was opposite party No. 2 in the release application. Release application was registered as P.A. Case No. 6 of 1981 and was dismissed by Prescribed Authority, Janupur on 2.4.1984. Against the said judgment and order landlords filed P.A. Appeal No. 7 of 1984, Gulab Chand and others v. Sri Ram and others . For 24 years the said appeal has not been decided. Appellate Court owes an explanation for such an inordinate delay in disposal of appeal.
(3.) In the appeal petitioners 1 to 7 filed application seeking amendment in the written statement filed by their father who had died by that time. Amendment application was filed on 29.9.2007 i.e., after 25 years of filing of the written statement. In the written statement filed by father of the petitioners 1 to 7 and other opposite parties in the release application, landlordship of applicants in the release application had been admitted. Amendment application was signed by Sri Ram, petitioner No. 9 also. In the amendment application it was stated that sale deed of property in dispute or its part was executed in favour of Mahadev Teli father of Sri Ram on 27.4.1958, however, heirs of Mahadev Teli were not aware of this deed/patta. Some complicated facts regarding plot numbers subsequent Pattas and sale deeds etc. were also mentioned in the amendment application. Ultimate amendment sought was to the effect that property in dispute belonged to Sri Ram, Baijnath and heirs of Vishwanath. Baijnath is petitioner No. 10 in this writ petition. The said application was rejected by A.D.J. 1st, Janupur through order dated 28.11.2007. Thereafter review application was filed seeking review of the said order which has also rejected on 11.12.2007. Both these orders have been challenged through writ petition.;


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