A.N.Varma, J. - (1.) This petition is directed against an order passed by the learned 1st Additional District Judge, Muzaffarnagar allowing an application filed by respondents Nos. 2 and 3 under the provisions of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972 hereinafter referred to as the Act).
(2.) The facts relevant.for the determination of the issue involved in this petition are these: The respondents Nos. 2 and 3 filed an application purporting to be under Section 24-C (1) of the aforesaid U. P. Act No. XIII or 1972 claiming benefit of Section 24-B (1) of the aforesaid Act on these assertions. One Sri Bisham-bhar Saliai was the owner and landlord of premises No. 1460 New Mandi, Muzaffamagar of which the petitioner was a tenant at a monthly rental of Rs. 20/-. The other portion of his house was given by Bishambher Sahai to Shrimati Savitri Devi, wife of Hira Lal, father of Bishambher Sahai under a will long time ago. Shrimati Savitri Devi was thus the owner of that portion. The said Shrimati Savitri Devi has been realising rent from the petitioner on behalf of Bishambher Sahai, who had shifted to Meerut.
(3.) Later on Bishambher Sahai gifted the northern portion of the aforesaid dwelling house No. 146-C New Mandi to Shrimati Sheela Rani, respondent No. 3, wife of respondent No. 2. Dr. Banmali Saran, respondent No. 2 (who was the applicant No. 1 in, the said application) was an Veterinary Officer posted at Muzaffarnagar and was occupying a Government quarter allotted to him. The said Government quarter constituted a residential public building within the meaning of Section 24-B of the said Act. Dr. Banmali Saran had been served with a notice issued by the District Livestock Officer, Muzaffarnagar to vacate the said Government quarter. The applicants had no other house in which they might shift. Consequently, they asked the appellant to vacate the accommodation in his occupation, but the same request was turned down, and hence the application.;