V.D. Bhargava, J. - (1.) This is an application under Article 226 of the Constitution by Sri B.S. Nigam, who is a Sales Tax Officer at Agra, against the Second Additional Civil Judge Agra, and Sri Rameshwar Nath Agarwal, a Receiver appointed by the Additional Civil Judge.
(2.) There is a Kothi No. 62A, which was formerly numbered as 36/52, Mahatma Gandhi Road, Agra. It is owned by one Chaudhari Bhhoori Singh and others. This accommodation had been in the occupation of the Sales Tax Officer since 1948 & partly had been used for the residential purpose of the Sales Tax Officers and partly for office. Before 18-4-52, the building used to be allotted by the RCEO in the personal name of the Sales Tax Officer, who used to occupy the premises. Later on the representation by the Sales Tax Commissioner requested that instead of the allotment being made in the name of the individual Sales Tax Officer, it should be allotted by the official designation of the 'Sales Tax Officer' so that there may not be any need of allotment every time a person is transferred. It was allotted by the official designation of the Sales Tax Officer in 1952. The Petitioner, according to the affidavit, was posted in January, 1959 as the Sales Tax Officer of Agra and he occupied the building on 1-7-1959 when its occupant Sri R.G. Jauhari vacated the same on transfer from Agra.
(3.) There is a suit No. 66 of 1956 pending in the court of the IInd Additional Civil Judge Agra, between Chaudhary Ratan Lal and Chaudhari Sri Ram and 12 others in which this property is also in dispute. Consequently Sri Rameshwar Nath Agarwal had been appointed Receiver of the properties of the parties in dispute.;