M.P.Singh, J. - (1.) TWO Advocates of this Court have been fighting the legal battle for the authorised possession of premises No. 34, Nawab Yusuf Road, Allahabad. More than one decade has passed but there is no apparent visibility of any ceasefire. The hostility is apparent even in the court room. Who are they? Strangers? No only colleagues? No. The petitioner is the nephew and the respondent No. 5 is the uncle. The petitioner having lost his claim over the said premises from the High Court on 21 -4 -1989 in Civil Misc. Writ Petition No. 6212 of 1989, decided by Mr. Justice N.N. Mithal, filed a Special Leave Petition before the Supreme Court. It was dismissed on 10 -5 -1989. While dismissing it the Supreme Court has permitted the petitioner to continue in possession till 30 -5 -1990 subject to the condition that he filed an undertaking in that Court to the effect - - (1) that the petitioner will hand over vacant and peaceful possession of the suit premises to the respondent No. 5 on or before 30 -5 -1990. (2) That the petitioner will not induct any other person in the suit premises. In case of default the decree shall become executable forthwith.
(2.) THE petitioner did not comply with the direction given by the Supreme Court. Thus he became liable for ejectment forthwith. After losing from the Supreme Court, the petitioner initiated this second inning of the litigation knowing it fully well that he has no legal right to continue in possession any further. There is no doubt that this is a frivolous litigation.
(3.) THE necessary facts are: The eastern portion of premises No. 34, Nawab Yusuf Road, Allahabad was in the tenancy of one Sardar Sampuran Singh. Allotment proceedings were initiated on the ground that he had vacated the premises On 4 -12 -1971 it was allotted in favour of one Bimal Kishore Shukla.;