RAM NARAYAN SHARMA Vs. SHAKUNTALA GAUR
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
RAM NARAYAN SHANNA
Referred Judgements :-
LOKESH KUMAR DWIVEDI V. IIND ADDL DISTRICT JUDGE LUCKNOW
MAHKAR SINGH V. VITH ADDL. DISTRICT JUDGE MEERUT
TAUKHID KHAN V. SPECIAL JUDGE NAINITAL
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Brijesh Kumar, J. -
(2.)The order, dismissing a writ petition, preferred by the present appellant in the High Court, has been impugned by means of the appeal in hand. The VIth Additional District Judge, Muzaffarnagar passed an order dated 30-10-1999 in revision, setting aside the order of allotment in favour of the appellant and releasing the accommodation in question, in favour of the respondent-landlady on the ground of her bona fide requirement. A learned single Judge of Allahabad High Court by order dated 16-11-1999 upheld the order passed in revision.
(3.)The dispute as evident, relates to the letting and release of the accommodation in question governed by the provisions of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter to be referred to as 'the Act'. It appears that one Bankey Lal was the owner and landlord of House No. 179/18, Sanjay Marg, South Bhopa Road Muzaffar Nagar. The ground floor of the house was in the tenancy of one Trilok Chand who vacated the premises and the appellant moved an application for its allotment under Section 16 (1) (a) of the Act. This petition was registered as Suit No. 63/89. Bankey Lal, the landlord of the house died during pendency of the proceeding for allotment. The appellant moved for substitution of the heirs of late Bankey Lal and brought on record his two sons namely Ravi Mohan Bhatnagar and Mohan Bhatnagar. They did not turn up to contest the application for allotment though served. By order dated 3-8-1990 the Rent Control and Eviction Officer allotted the premises to the appellant who also entered into possession of the same. Later, however, Ravi Mohan Bhatnagar, son of late Bankey Lal who was brought on record as one of his heir, filed a revision No. 19 of 1990, challenging the order of allotment on the ground that late Shri Bankey Lal had also left behind another son Shri Hari Mohan and a daughter Smt. Swaraj as his heirs but they had no notice of the proceedings. Needless to mention that the revisionist, namely, Ravi Bhatnagar, though served had not taken any such or other objection before allotment of the accommodation to the appellant.
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