PRAKASH KRISHNA, J. - (1.) THE present writ petition arises out of execution proceedings as contemplated under section 23 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 hereinafter, referred to as the said Act.
(2.) THE facts of the case may be noticed in brief. An application for release of a shop, situate at House No. 86, Ashok Nagar Uttari, Ghatampur, District Kanpur Dehat, was filed by Sri Ram Gupta jointly with Sri Ram Chandra Gupta against Sri Indrapal Verma, the tenant. The release of the said shop was sought on the ground that two sons namely Sandeep Kumar and Sachin Kumar of Sri Ram Gupta are not engaged in any business, they are sitting idle. To establish them in a business, the release of the shop was sought for, under section 21 (1) (a) of the said Act. The said release application was registered as Case No. 1 of 2000. It was dismissed by the prescribed authority on 22nd January, 2003. The said order was challenged in appeal by the two landlords in Rent Appeal No. 2 of 2003 and the appeal was allowed by the judgment dated 10th November, 2004 passed by the Additional District Judge, Court No. 1, Kanpur Dehat. The need of Shri Ram Gupta was found genuine as he wants to open a shop for running a business for his sons, to settle them in life. The said order was the subject-matter of challenge in Writ Petition No. 49804 of 2004, at the instance of tenant, in this Court. The arguments in the writ petition were heard finally on 30th November, 2004 and the judgment was reserved. It was delivered on 18th February, 2005. The writ petition was ultimately dismissed. During the pendency of the said writ petition, the tenant remained in occupa­tion of the disputed shop on the strength of the interim order passed therein. After the dismissal of the said writ petition, Sri Ram Gupta for whose sons need the shop was got released, filed an application for execution of the release order under section 23 of the Act which was registered as Rent Case Misc. No. 1/23 of 2006.
(3.) SRI Indrapal Verma against whom the release order was passed, filed objections on the allegations that he has already vacated the disputed shop on 25th December, 2004 and handed over its vacant possession to Sri Ram Chandra Gupta, the co-landlrod, who has let it out to Sri Atul Kumar Verma. It may be noted that Atul Kumar Verma is none else but, son of the alleged outgoing ten­ant namely Indrapal Verma. Interestingly, an objection on the same lines was also filed by Sri Ram Chandra Gupta, the co-landlord. The Court below by the impugned order held, that since the possession has already been delivered on 25th December, 2004, the present application is liable to be dismissed. Challenging the aforesaid order, the present writ petition has been filed.;