Manoj Kumar Gupta, J. - (1.) Heard Sri B.N. Agarwal, counsel for the petitioners and Sri Dharam Pal Singh, learned senior counsel assisted by Sri Ravi Shanker Pathak on behalf of respondent no.1.
(2.) The instant petition is directed against the order dated 17.6.2005 passed by Rent Control and Eviction Officer (respondent no.2) rejecting the release application of the landlords filed under Section 16 (1) (b) of U.P. Act No.13 of 1972 (for short 'the Act') and the order dated 14.11.2008 passed by the revisional court dismissing the revision.
(3.) In brief the facts of the case are that Hari Ram Chimedia, predecessor-in-interest of the petitioners filed an application under Section 16 (1) (b) seeking release of the western portion of residential building (House No.6 - New No.49, Mohalla Nainagarh, Jhansi), which was earlier in tenancy of one Ramesh Chandra Jain and was declared vacant on 25.2.1985. The release application was rejected by the Rent Control and Eviction Officer by order dated 25.2.1985 and the premises was allotted to respondent no.1 Suresh Chand Lahoria. The order rejecting the release application and allotting the premises to respondent no.1 was challenged in revision, but which was also dismissed on 15.10.1985. The aforesaid two orders were subjected to challenge before this Court by Hari Ram Chimedia by filing Writ Petition No.18574 of 1985. He died during pendency of the writ petition. This Court allowed the writ petition by judgment dated 17.2.1994 and quashed the order dated 25.2.1985 rejecting the release application as well as the order dated 15.10.1985 dismissing the revision and directed the Rent Control and Eviction Officer to decide the matter afresh, taking into consideration the changed circumstances after the death Hari Ram Chimedia.;