S.D.Agarwala - (1.) THESE are two petitions arising out of proceedings under 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 a shop situate in Aligarh. Kailash Chand Jain, Suresh Chand Jain and Ved Prakash Jain all the three brothers were the tenants of the said shop in dispute. M/s. M. S. Bansal Private Limited, Aligarh is the landlord of the said premises. In the year 1980, a release application under section 21 of the Act was filed by the landlord for release of the shop in dispute. This release application was registered as suit no. 50 of 1980. The release application was allowed by the Prescribed Authority on 16th December 1980. After the release order was obtained, the landlord enforced the same and took possession of the premises on 3rd January, 1981. After the possession was delivered to the landlord on 3rd January 1981, the Prescribed Authority by an order dated 28th January, 1981 struck off the execution in full satisfaction. Till that date no objection was filed by the tenant that he did not have the knowledge of the release order. On 19th February, 1981, an application was moved for setting aside the release order by Kailash Chand Jain on the ground that the tenant did not have the knowledge of the passing of the release order on 16th December, 1980. It may be noted here that only Kailash Chand Jain moved an application for restoration. The other co-tenants did not file any application for restoration, but were impleaded as respondents to the said application.
(3.) THE above mentioned application for setting aside the order dated 16th December 1980 came up for hearing before the 1st Additional Civil Judge, Aligarh. He examined the matter in detail and was of the opinion that the application was beyond time and he further held that that sufficient cause has not been made out for setting aside the ex-parte order dated 16th December, 1980. THE result was that this application for setting aside the order dated 16th December, 1980 was dismissed on 1st April 1981. Against the order dated 1st April, 1981 Kailash Chand Jain has filed writ petition no. 7550 of 1981 challenging the order dated 1st April, 1981 as also the release order dated 16th December, 1980 while another writ petition no. 6411 of 1981 has been filed by Kailash Chand Jain for a relief that a writ of mandamus be issued to the Prescribed Authority to deliver him back possession of the premises.;