Ran Vijai Singh - (1.) PRESENT second appeal has been filed against the judgment dated 22.8.08, passed by the Additional District Judge/Special Judge, Essential Commodities Act, Meerut in Misc. Appeal No. 137 of 2008, Rajan Bhatia v. Smt. Zohra Begum, by which the learned Judge has confirmed the judgment dated 7.8.08, passed in Misc. Case No. 22 of 2008, Rajan Bhatia v. Zohra Begum and dismissed the appeal as not maintainable.
(2.) THE facts giving rise to this second appeal are that Smt. Zohra Begum W/o Mohd. Hassan plaintiff-respondent No. 1 has filed an application under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as Act No. 13 of 1972) against the respondent No. 2 (Sri Harish Bhatia) for release of the shop in question. This case was registered as P.A. Case No. 46 of 2002. This application was rejected by the prescribed authority on 12.1 3. Aggrieved from this judgment the respondent No. 1 has filed an appeal under Section 22 of the U. P. Act No. 13 of 1972. This appeal was registered as Misc. Appeal No. 6 of 2003, Smt. Zohra Begum v. Sri Harish Bhatia. During the pendency of appeal Smt. Zohra Begum offered the tenant (Sri Harish Bhatia) to shift his shop on second floor situated in House No. 157, Rang Saaj Mohalla, Sadar Meerut Cantt., but the respondent No. 2 has refused her offer, ultimately the appeal was allowed by the Additional District Judge, Court No. 3, Meerut on 10.12.07. Against the order dated 10.12.07, passed by the Additional District Judge, Court No. 3, Meerut the respondent No. 2 Sri Harish Bhatia filed a Civil Misc. Writ Petition No. 6491 of 2008, Harish Bhatia v. Smt. Zohra Begum, before this Court. This writ petition was dismissed on 4.2.08 by this Court and a direction was issued to the respondent No. 1 (the landlady) to deposit two years rent with the prescribed authority towards the compensation as required under the second proviso to Section 21 (1) (b) of the Act No. 13 of 1972 within the period of one month. After the dismissal of the writ petition by this Court the respondent No. 1 has filed an application under Section 23 of the U. P. Act No. 13 of 1972 before prescribed authority for the enforcement of the judgment and order dated 10.12.07. This case was registered as P. A. Execution No. 10 of 2008, Smt. Zohra Begum v. Sri Harish Bhatia.
(3.) IT appears that after filing of the said execution case a review application was filed by Sri Harish Bhatia (the respondent No. 2) for reviewing the judgment and order dated 4.2.08 passed by this Court in the Writ Petition No. 6491 of 2008. The said review application was also rejected by this Court on 17.3.08. Thereafter the prescribed authority issued a Parwana Dakhal for enforcement of the judgment passed in favour of the respondent No. 1 landlady. Aggrieved from the judgment of this Corut, the respondent No. 2 has filed a S.L.P. No. 1079 of 2008, Sri Harish Bhatia v. Smt. Zohra Begum, before the Apex Court and that too was dismissed on 5.5.08. Thereafter the prescribed authority fixed 24.5.08 for eviction of Sri Harish Bhatia with the police help and directed the respondent No. 1 to pay the amount of Rs. 3,643 as directed by this Court in Writ Petition No. 6491 of 2008.;