- (1.) A. K. Yog, J. Heard learned counsel for the petitioner as well as learned coun sel for the Caveator Respondent No. 3.
(2.) PETITIONER, Mohammad Rafiq Rajbi, claims to be the Landlord of an accommodation (House No. CK- 67/54 Rajbi Kali, Varanasi ). He claims that respondent No. 3 Munnu Son of Dildar Ahmad is a tenant in a portion of the said house (called the 'accommodation in question') at the rate of Rs. 60/- per month. Landlord/petitioner filed release application under Section 21 (l) (a) of the U. P. Urban Buildings (Regulation of Let ting, Rent and Eviction) Act 1972, U. P. Act No. XIII of 1972 (for short called 'the Act'), registered as P. A. Case No. 14 of 1990 (Rafiq Rajbi v. Munnu ). Respondent No. 3 as tenant filed written statement. Parties exchanged affidavits and led evidence in support of their case. It may be mentioned that copy of the release ap plication and written statement have not been filed for perusal of the Court to ascer tain actual scope and extent of pleadings and controversy in the instant case. An application under Order 1 Rule 10 of Code of Civil Procedure (Annexure-1 to the Writ Petition) was filed on behalf of Officer-in-charge Enemy Property, Varanasi, through the District Magistrate contending that house in question had be come enemy property and vested in the Officer In-charge Enemy Property (im-pleaded as Respondent No. 2 in the present petition ). Perusal of the said ap plication under Order 1 Rule 10 Code of Civil Procedure shows that Respondent claimed relationship of Landlord tenant.
(3.) LANDLORD-petitioner filed objec tions dated 19th July, 1996 (Paper No. 16 Ga ). The Prescribed Authority allowed said application vide judgement and order dated 23-2-1998 (Annexure 3 to the writ petition ). The Prescribed Authority has given reason for not accepting application. By means of the said order dated 23-2-1998, case was directed to be listed on 6-3-1998 for further orders. Petitioner-Landlord field application (paper No. 136 Ga) praying for recalling of the order dated 23-2-1998. Copy of 136 Ga is not available on record. It is, therefore, not possible to ascertain bona fide and promptness on the part of the Landlord. The aforementioned application (paper No. 136 Ga) has been rejected by the Prescribed Authority vide impugned judgement and order dated 14th July, 1999 (Annexure 4 to the writ petition ). This order has been challenged by filing this writ petition.;