Decided on August 16,1982

Sheikh, Shabbir Hussain Appellant
M. Mohd. Suleman And Ors. Respondents


- (1.) Heard counsel. Special leave granted.
(2.) Rule 10(9) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 provides, in so far as is material, that in the case of a building which was never let out before, the District Magistrate shall serve on the landlord a notice asking him whether he is willing to throw the building open for letting and if so, to nominate a person in whose favour the allotment may be made. There upon, by clause (a) of sub-rule (9), if the landlord intimates the District Magistrate that he does not want to let out the building, "it shall not be allotted." Two things are undisputed : one that the petitioner is one of the co-owners of the property which has been allotted to the contesting-respondent and, two, that no notice was served upon him, as required by sub-rule (9).
(3.) In that view of the matter, it is impossible for us to uphold the order of allotment. However, rather than set aside that order, we remand the matter to the learned Rent Control and Eviction Officer with the direction that he shall give notice to the parties concerned in accordance with sub=rule (9) of rule 10 and proceed in accordance with the provisions of that sub-rule. If the officer comes to the conclusion that allotment can be made within the terms of sub-rule (9), he may make a fresh order of allotment. On the other hand, if he comes to the conclusion, on a proper application of the provisions of sub-rule (9), that no allotment can be made, the order of allotment earlier made by him shall be cancelled by him.;

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