R.H.Zaidi, J. - (1.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 29.12.1999 passed by the Rent Control and Eviction Officer, Allahabad, respondent No. 1, whereby House No. 26/28, Mahatma Gandhi Marg, Allahabad, a residential building, was declared vacant and notices were directed to be Issued to the concerned parties.
(2.) Counter and rejoinder-affidavits have already been filed. The writ petition is, thus, mature for hearing. As desired by learned counsel for the parties, this petition was heard and is being disposed of finally at this stage.
(3.) The relevant facts of the case giving rise to this petition. In brief, are that one Sri S. D. Shah, father of the petitioner, was the tenant of the building in question. Sri S. D. Shah used to live in the building in question with his wife. On the death of his wife, Sri S. D. Shah shifted to Varanasi after handing over possession to one Sri K. K. Shah, who happened to be a cousin of Sri S. D. Shah. The landlord thereafter gave an intimation of the vacancy to the Rent Control and Eviction Officer and also nominated respondent No. 3 as his tenant. On the basis of intimation given by the landlord, proceedings under Section 16 read with Section 12 of the U. P. Act No. XIII of 1972 were initiated. The Rent Control Inspector Inspected the building and thereafter submitted his report to the effect that the building in question was in actual occupation of Sri K. K. Shah who was not a member of the family of Sri S. D. Shah, therefore, according to him, the building in question was vacant. On the receipt of the report and after hearing the parties, the building in question was declared vacant on 7.9.1993 by the Rent Control and Eviction Officer. Challenging the validity of the said order, Sri S. D. Shah filed Writ Petition No. 32540 of 1993. The writ petition filed by him was ultimately allowed and the order dated 7.9.1993 was quashed by this Court by judgment and order dated 10.1.1994. Consequently Sri S. D. Shah continued to occupy the building in question. It was on 21.9.1994 that Sri S. D. Shah died at Varanasi. The landlord thereafter intimated the vacancy to the Rent Control and Eviction Officer and again nominated respondent No. 3 as his tenant. On receipt of the intimation, proceedings for allotment were initiated. The Rent Control Inspector was again asked to inspect the building and submit the report to the Rent Control and Eviction Officer. The Inspector inspected the building on 7.10.1994 and submitted his report on 10.10.1994 to the effect that the building in question was in occupation of the petitioner who, being a married daughter, was not a member of the family of late S. D. Shah. Consequently, the building shall be deemed to be vacant. On the basis of the said report, notices were issued to the concerned parties by the Rent Control and Eviction Officer. The petitioner on receipt of the notice filed her objections claiming that she being the daughter of late S. D. Shah has been residing in the building in question before and after his death lawfully, as she was the only heir and legal representative of Sri S. D. Shah. On the other hand, respondent No. 3 filed an objection pleading that the petitioner permanently shifted to Varanasi. She has been living at Varanasi with her husband after she was married in the year 1981. On the date of death or prior thereto, the petitioner never resided with Sri S. D. Shah normally and permanently. It was also pleaded that she used to visit Sri S. D. Shah off and on, therefore, she was legally not entitled to occupy the building in question. The building in question was actually in occupation of Sri K. K. Shah who used to carry on his business In the name and style of M/s. S. A. International, therefore, the building in question was liable to be declared vacant. The Rent Control and Eviction Officer after hearing the parties and after perusing the material on record and relying upon the admissions made by Sri S. D. Shah, declared the building in question as vacant by the Judgment and order dated 29.12.1999. Hence, the present petition.;