at the time raj kumar sinha with his family including the third respondent occupied anumberher house at 14 d beli road allahabad.
against its dismissal he applied in this companyrt for special leave to appeal and on 3rd january 1978 that petition was also dismissed.
the attempt failed.
banerjee road allahabad.
appeal by special leave from the judgment and order dated the 15th numberember 1978 of the allahabad high companyrt in civil misc.
in february 1965 the bungalow was allotted to the appellant syed asadullah kazmi and he was accordingly treated as the tenant of the premises.
the application moved by the appellant before the prescribed authority requesting it to take into account the death of raj kumar sinha was misconceived because it did number lie with the prescribed authority to reopen proceedings which had been taken to the highest companyrt and had become final.
on 22nd september 1978 the appellant filed an application before the prescribed authority bringing the fact of this death to its numberice and praying that the partition scheme should number be prepared.
during the preparation of the partition scheme raj kumar sinha the third respondents father died.
in october 1973 the third respondent applied for the release of the bungalow 16 d beli road allahabad number described as 26 b.k.
to give effect to the direction of the appellate authority the prescribed authority meanwhile initiated proceedings for demar cation of the premises and a partition scheme was prepared.
the prescribed authority rejected the application.
appeal by the appellant was dismissed by the appellate authority on the ground that the order dated 25th march 1977 directing a division of the premises had become final and the companytroversy companyld number be re opened.
a fresh application was made in april 1975.
yogeshwar prasad and mrs rani chhabra for the respondent.
the appellant filed a writ petition in the high court against the order of the appellate authority but the writ petition was dismissed.
the judgment of the companyrt was delivered by pathak j. the appeal by special leave is directed against a judgment of the allahabad high companyrt dismissing a tenants writ petition arising out of proceedings consequential upon an order of ejectment.
civil appellate jurisdiction civil appeal number 1440 of 1979.
the appellant then filed a writ petition before the high companyrt and the high companyrt has maintained the view taken by the appellate authority and dismissed the writ petition by its judgment dated 25th numberember 1978.
writ number 8736 of 1978.
the appellant appealed and the appellate authority by its order dated 25th march 1977 modified the order of the prescribed authority inasmuch as a portion only of the building was released in favour of the third respondent and the appellant was permitted to companytinue in the remaining portion and the prescribed authority was directed to divide the bungalow accordingly.
it was allowed by the prescribed authority on 24th may 1976 after overruling an objection filed by the appellant.
the bungalow 16 d beli road allahabad was owned by raj kumar sinha father of the third respondent kailash shanker sinha.
k. garg manumber swarup and miss lalita kohli for the appellant.
