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Purshottam Das v. Deep Chand And Others - WRIT - A No. 64104 of 2005 [2005] RD-AH 3883 (3 October 2005)


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Court No. 51

Civil Misc.Writ Petition No. 64104 of 2005

Pursottam Das. . . . . . . . . . . . . . . . . . . .Petitioner


Deep Chand and others. . . . . . . . . . . . Respondents.

Hon'ble S.U.Khan,J.

This is a case which demonstrates as to how a  tenant can successfully delay the eviction proceedings initiated by the landlord.

Appeal filed by the tenant under section 22 of U.P. Act No. 13 of 1972 (hereinafter described as the  "Act") is pending for 18 years being P.A.Appeal No. 16 of 1986. In the appeal petitioner is the only appellant. In the release application, apart from petitioner, three of his brothers, i.e. Ram Niwas, Sri Niwas, Ghanshyam were also parties. Petitioner in the appeal impleaded his three brothers/ joint tenants as proforma respondent. One of the proforma respondent Ghanshyam died during the pendency of the appeal. Petitioner filed substitution application and insisted that notices must be issued to the heirs of Ghanshyam, which could further delay disposal of appeal to the benefit of the petitioner. Said Ghanshyam had not contested the release proceedings before the Prescribed Authority. Learned counsel for the petitioner states that Ghanshyam, Sri Niwas, Ram Niwas later on filed restoration application, which was allowed. However, on review petition filed by the landlord said order was set aside and against the order of review, restoration application has been filed which is pending.

By the impugned order dated 7.9.2005, A.D.J. /Special Judge, E.C. Act, has rejected the substitution application on the ground that said Ghanshyam had not contested the release proceedings before the Prescribed authority and he had not even filed the Written Statement.

As held by the Supreme Court in Harish vs. A.D.M. (A.I.R. 1995 S.C. 676) and A.C.Juker vs. K.B.Mantri (A.I.R. 2001 S.C. 2251), after the death of the original tenants all his heirs inherit the tenancy as joint tenants and even if some of the joint tenant is made party and order of eviction is passed, there is no defect in the proceedings and order of eviction is binding upon all other joint tenants.

The property in dispute is a shop situated in Sarrafa Bazar and tenants are enjoying the possession of the same on payment of rent of Rs. 10/-  per month. In view of this highly inadequate rent, which is virtually no rent, it is most convenient and suitable for the tenants to delay the proceedings.

The writ petition is, therefore, dismissed. Court concerned is directed to decide the appeal positively within two months from today.

District Judge, Jaunpur is directed to send a list of all those rent control revisions and appeals which are pending either before him or before any other Additional District Judge for more than five years. The report shall be placed before me along with this file of this case.

Office is directed to send copies of this judgment to the District Judge, Jaunpur, and Additional District Judge/Special Judge,E.C.Act jaunpur. A copy of this order be also placed before Hon'ble Administrative Judge, Jaunpur for his kind perusal.

Dated; 3.10.2005



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