SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Ashish Kumar, learned counsel for the petitioners and Sri Manish Tandon, learned counsel for plaintiff-respondent No.1.
(2.) Briefly stated facts of the present case are that undisputedly father of the plaintiff-respondent No.1 was the owner and the landlord of disputed property bearing Municipal No.117-H1/132, Pandu Nagar, Kanpur Nagar. He had let out it to one Sri Sanjay Malhotra under a lease deed dated 09.12.1994 for a period of five years on a monthly rent of Rs.2000/-. After the death of the aforesaid original owner and landlord, the disputed property was inherited by his son Shiv Kumar Mishra, i.e. plaintiff-respondent No.1. He filed a Rent Case No.17 of 2015 for release of the disputed accommodation on the ground of bona fide need under Section 21(1)(a) of U.P. Act 13 of 1972. During pendency of the aforesaid rent case, one Sri Ajay Malhotra real brother of Sanjay Malhotra filed an application being paper No.33 for his impleadment on the ground that he is the tenant. This application was rejected by the Additional Civil Judge (Senior Division), Court No.2, Kanpur Nagar by order dated 05.12.2015 on the finding that no paper of the year 2015 could be filed by Ajay Malhotra to demonstrate that he is the tenant. Sri Ajay Malhotra challenged the aforesaid order dated 05.12.2015 in Revision No.13 of 2016 which was dismissed on 17.05.2016. It is stated by the learned counsel for the petitioners that Sri Ajay Malhotra died on 19.07.2017. During his life time, Sri Ajay Malhotra has not challenged the aforesaid two orders rather it appears that he accepted it. It would be relevant to mention that the aforesaid Ajay Malhotra had filed O.S. No. 2056 of 2014 (Ajay Malhotra v. Shiv Kumar Mishra ) for permanent injunction which was dismissed by the Additional Judge, Small Cause Court-I, Kanpur Nagar by order dated 11.04.2017. In the said order, it was held that Sri Ajay Malhotra is not the tenant of the disputed property. This important fact of the case has been conveniently concealed in the present petition.
(3.) The aforesaid rent Case No.17 of 2015 was decided on the basis of compromise between the plaintiff-landlord/respondent No.1 and the tenant Sri Sanjay Malhotra and a compromise order was passed on 17.09.2017 by the Additional Civil Judge (S.D.), Court No.2, Kanpur Nagar. After the death of Ajay Malhotra, the petitioner No.1 being his wife, the petitioner No.2 being his daughter and the petitioner Nos.3 and 4 being his sons, have filed a Rent Appeal No.1174/74 of 2017 (Smt. Pratibha Malhotra and others v. Shiv Kumar Mishra and others) on 09.01.2018 , along with a delay condonation application. The delay condonation application has been rejected by the impugned order dated 17.02.2018 passed by the Additional District Judge, Court No.14, Kanpur Nagar. Aggrieved with this order, the petitioners herein have filed the present petition under Article 227 of the Constitution of India.;