Sudhir Narain, J. - (1.) The petitioner seeks to quash the order dated 16.7.1999 passed by respondent No. 1 whereby he has granted injunction order restraining the petitioner from taking possession of the property in dispute which has been released in his favour. The chequered history of the case is briefly stated as under :
(2.) The petitioner purchased house No. 118/241 (c-6), Kaushalpuri, Kanpur Nagar. One Sardar Ram Singh was alleged to be tenant of the house. He got constructed his own house No. 8/70. Krishna Nagar. Kanpur City, wherein he shifted his possession. His son Ajeet Singh continued in possession and the rent receipt was issued in his name. The petitioner gave a notice on 20.1.1981 demanding arrears of rent, he failed to comply with the notice. The petitioner filed a Suit No. 262 of 1982 on 20.3.1982. The suit was decreed ex parte. Ajeet Singh filed an application to set aside the decree. His application was allowed and the said suit is still pending.
(3.) The petitioner also filed an application for release of the disputed house under Section 22 (1) (a) of the U. P. Act No. XIII of 1972 against Ajeet Singh, the tenant on the ground that it was bona fide needed by him. Ajeet Singh contested the application. It was denied that the need of the landlord-petitioner was bona fide. The Prescribed Authority allowed the application on 23.6.1986 on the finding that the disputed house was bona fide required by the petitioner. Ajeet Singh filed an appeal against the said judgment. The appeal was dismissed on 16.1.1987. He further filed Writ Petition No. 2572 of 1987. But no stay order was passed by the Court at the time of filing of the writ petition.;