S.D.Agarwala - (1.) THIS is a petition under Article 226 of the Constitution of India arising out of the proceedings under Section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred to as 'the Act'.
(2.) THE property in dispute is premises No. 101/114, Talaq Mohal, Kanpur. Ishtiyaq Ahmad respondent no. 1 is the tenant. THE petitioners are the landlords. THE petitioners moved an application for release under Section 21 of the Act on the ground of personal need. THE Prescribed Authority by an order dated 30th September, 1981 allowed the release application in part and directed the tenant to handover the vacant possession of one room adjacent to the portion in possession of the landlord alongwith a verandah in front of that room to the landlords within a month. Aggrieved by this decision dated 30th September, 1981, two appeals were filed before the District Judge under Section 22 of the Act. Rent Appeal No. 325 of 1981 was filed by the landlords and Rent Appeal No. 327 of 1981 was filed by the tenants. Both these appeals were heard by the Illrd Additional District Judge, Kanpur. The tenants' appeal was allowed and the landlords' appeal was dismissed. The release application of the landlords was dismissed as whole. This judgment in appeal was passed on 8-3-1982. The petitioners filed this petition challenging the order dated 8-3-82 as well as the order passed on 30-9-81 by means of the present petition.
(3.) I have heard learned counsel for the parties. Learned counsel for the' tenant-respondents Sri M. A. Qadeer has raised a preliminary objection that the present petition is not maintainable as the petitioners had filed an earlier petition against the same judgment which was dismissed by this Court on 21-7-82. No permission was sought by the petitioners for filing a fresh petition. I have heard Sri P. N. Saxena, learned counsel for the petitioners on this preliminary objection and I also sent for the record of writ petition No. 4226 of 1982 which was earlier filed by the petitioners and which was dismissed by this Court on 21-7-82.;