Raj Rani vs Civil Judge (J.D.),Sahaswan,District Budaun and Others

Yatindra Singh, J.—One Sri Ganda Lal was a tenant of the shop in question. Sri Satya Prakash (the landlord) filed an application under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (the Act) for release of the shop on the ground of personal need. During the pendency of this application Sri Ganda Lal died and the landlord filed an application for substituting his heirs. In this application married daughters of Sri Ganda Lal were not party. Subsequently, under orders of the Court married daughters were also impleaded as heirs of Sri Ganda Lal. Smt. Raj Rani (the petitioner) is a married daughter of Sri Ganda Lal. She was also impleaded but the case as was ordered to proceed ex parte against her on 591997. Subsequently she filed an application for recalling the order. This application was dismissed by the Court below on 171 1998. Hence the present writ petition.

I have heard Sri R.R. Shivahare counsel for the petitioner and Sri VK. Birla for the respondent. It is not disputed that the premises in dispute is non residential and the heirs of the erstwhile tenant are also tenants. In view of this the petitioner was rightly impleaded. She has come forward and wants to contest the case. Sri Birla counsel for the respondent has no objection against the same. In view of this order dated 591997 and 1211998 are quashed. The matter is send back to the Civil Judge for redecision on merit. The parties will appear before the Civil Judge concerned on 3072001 and thereafter the matter may proceed in accordance with law. Needless to add that the application was filed in the year 1988. More than 12 years have already passed. In view of this case appeal may itself be decided expeditiously.

With these observation the writ petitions disposed off.