Judgment Case ID: 4418

Judgment:
Civil Appeal No. 1440 of 1979. Appeal by special leave from the judgment and order dated the 15th November	 1978 of the Allahabad High Court in Civil Misc. Writ No. 8736 of 1978. R.K. Garg	 Manoj Swarup and Miss Lalita Kohli for the Appellant. Yogeshwar Prasad	 and Mrs Rani Chhabra	 for the Respondent. The Judgment of the Court was delivered by PATHAK	 J. The appeal by special leave is directed against a judgment of the Allahabad High Court dismissing a tenant 's writ petition arising out of proceedings consequential upon an order of ejectment. The bungalow	 16 D	 Beli Road	 Allahabad	 was owned by Raj Kumar Sinha	 father of the third respondent	 Kailash Shanker Sinha. In February 1965	 the bungalow was allotted to the appellant	 Syed Asadullah Kazmi	 and he was accordingly treated as the tenant of the premises. At the time	 Raj Kumar Sinha	 with his family	 including the third respondent	 occupied another house at 14 D	 Beli Road	 Allahabad. In October 1973	 the third respondent applied for the release of the bungalow 16 D	 Beli Road	 Allahabad	 now described as 26	 B.K. Banerjee Road	 Allahabad. The attempt failed. A fresh application was made in April	 1975. It was allowed by the Prescribed Authority on 24th May	 1976 after overruling an objection filed by the appellant. 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 continue in the remaining portion	 and the Prescribed Authority was directed to divide the bungalow accordingly. The appellant filed a writ petition in the High Court against the order of the Appellate Authority	 but the writ petition was dismissed. Against its dismissal he applied in this Court for special leave to appeal and on 3rd January	 1978	 that petition was also dismissed. To give effect to the direction of the Appellate Authority	 the Prescribed Authority meanwhile initiated proceedings for demar 79 cation of the premises and a partition scheme was prepared. During the preparation of the partition scheme	 Raj Kumar Sinha	 the third respondent 's father	 died. On 22nd September	 1978	 the appellant filed an application before the Prescribed Authority bringing the fact of this death to its notice and praying that the partition scheme should not be 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 controversy could not be re opened. The appellant then filed a writ petition before the High Court	 and the High Court has maintained the view taken by the Appellate Authority and dismissed the writ petition by its judgment dated 25th November	 1978. We are of opinion that the High Court is right. Plainly	 the order dated 25th March	 1977 of the Appellate Authority releasing a portion of the premises in favour of the third respondent and leaving the remaining portion in the tenancy of the appellant acquired finality when the proceeding taken against it by the appellant failed. The order having become final	 the Prescribed Authority was bound to give effect to it. In doing so	 the Prescribed Authority was not acting outside its jurisdiction or contrary to law. 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 not lie with the Prescribed Authority to reopen proceedings which had been taken to the highest Court and had become final. It is true that subsequent events must be taken into account by a statutory authority or court when considering proceedings arising out of landlord 's petition for ejectment of a tenant on the ground of the landlord 's personal need. But in the present case	 the order for release of a portion of the accommodation required finality before the death of Raj Kumar Sinha and the controversy concluded by it could not be reopened	 The appellant has vehemently urged that being the highest court of the land it is open to us to reopen the proceeding for release initiated by the third respondent. We do not think we can. The present appeal is limited to the question which arose before the Prescribed Authority on the application of the appellant after the proceedings for release had acquired finality and we must be confined to the consideration of that question alone. We cannot reopen that which has become final after this court dismissed the special leave petition of the appellant. We may point out that we have been referred to section 24 of the U.P. Urban 80 Building Act	 1972 in support of the contention that the Prescribed Authority retains control over ejectment proceedings	 but we are not impressed by that contention. The appeal fails and is dismissed with costs. section R. Appeal dismissed.

Summary:
In February 1965	 Bungalow No. 16 D	 Beli Road (now 26 B.K. Banerjee Road)	 Allahabad was allotted to the appellant. On an application made in April 1975 the prescribed authority allowed	 on 24th May	 1976	 the application directing the release of the bungalow to the landlord. On appeal the appellate authority by its order dated 25th March	 1977 modified the order by releasing only a portion of the building and by permitting the appellant to continue in the remaining portion with a direction to the prescribed authority to divide the bungalow accordingly. The said order dated 25th March	 1977 became final	 since the writ petition challenging the said order was dismissed. On the death of the landlord the appellant filed a fresh application before the prescribed authority not to proceed with the partition scheme. Since the prescribed authority refused to take note of this subsequent event	 the issue has come up before this Court by way of special leave. Dismissing the appeal	 the Court ^ HELD: 1. The order dated 25th March	 1977 of the appellate authority releasing a portion of the premises in favour of the third respondent and leaving the remaining portion in the tenancy of the appellant acquired finality when the proceedings taken against it by the appellant failed. The prescribed authority was bound to give effect to that final order and was not acting outside its jurisdiction or contrary to law. [79 C D] 2. It is true that subsequent events must be taken into account by a statutory authority or court when considering proceeding arising out of a landlord 's petition for ejectment of a tenant on the ground of the landlord 's personal need. But in the present case the order for release of a portion of the accommodation acquired finality before the death of the landlord and the controversy concluded by it could not be reopened now. [79 E F] 3. The present appeal being limited to the question which arose before the prescribed authority on the application of the appellant after the proceedings for release had acquired finality	 it is not open even to the Supreme Court	 to reopen the proceeding for release. [79 G H] 78