( 1 ) WE have heard Sri Ravi Kant, senior advocate appearing along with Sri Manoj Kumar Pandey for the appellant and Sri Arjun Singhal appearing on behalf of respondent No. 1.

( 2 ) BY this appeal, the appellant has challenged the judgment dated 23rd October, 2002 passed by learned single Judge in Writ Petition No. 35613 of 2002. Niranjan Lal Gupta v. District magistrate, Allahabad and Anr. , allowing the writ petition filed by respondent No. 1.

( 3 ) THE facts giving rise to this appeal, briefly stated, are ; father of respondent No. 1 moved an application under Section 16 (1) (b) of U. P. Urban Buildings (Regulation of Letting, Rent and eviction) Act, 1972, for release of accommodation of which appellant was tenant. The release application was rejected by Rent Control and Eviction Officer vide his order dated 13th January, 1987. A revision was filed against the above order which too was dismissed vide order dated 20th November, 1990. Father of respondent No. 1, late Sri Kundan Lal, filed Writ Petition No. 3351 of 1991 challenging both the orders dated 13th January, 1987 and 20th November, 1990. Kundan Lal died during pendency of the writ petition and in his plac