Sudhir Chandra Verma, J. - (1.) BY this petition under Article 226 of the Constitution the landlord, the Roman Catholic Diocese of Agra, Limited, a Private. Limited Company, having its registered office at Cathedral. House, Wazirpura Road, Agra, through its General Attorney, Father K.C. Thomes, has challenged the Consolidated order dated 4th June, 1990 passed by the A.D.M. (Civil Supply) Agra, exercising the powers of Rent Control and Eviction Officer, declaring the vacancy, rejecting the release application and the order of allotment in favour of respondent No. 3. The detailed facts of the case are necessary to be brought on record as there are serious allegations by the parties of manipulation and tampering of the record. The original record of the Rent Control and Eviction Officer under these circumstances, was summoned.
(2.) THE petitioner, a Private Limited Company, incorporated under the Indian Companies Act with Charitable and religious objects, is the owner of the disputed house, 'Aire Cottage', bearing Municipal number -32 M.G. Marg, Agra. The building was initially requisitioned by the Government for the office/residence of various Government offices and later it was allotted under the provisions of United Province (Temporary) Control of Rent and Eviction Act, 1947, in favour of the Divisional Forest Officer, Agra. The premises were likely to fall vacant as the office of the Divisional Forest Officer was shortly to shift at their own premises. An application for the allotment was made by one Sri Om Thakur, Secretary, U.P. Journalist Association, Agra. On the basis of the aforesaid application the Rent Control Inspector was directed to submit inspection report by the orders of the Additional District Magistrate (Civil Supply), Agra dated 14th May, 1990.
(3.) FROM the report of the proceedings before the Rent Control and Eviction Officer, Agra, it is evident that no notice, as contemplated under Rule 8(2) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 (hereinafter referred to as the rules), was issued either to the landlord or to the out going tenant. However, the Rent Control Inspector made an inspection of the premises on 22nd May, 1990 and it was noted that the premises was found locked. On further inquiry from an occupant of the back portion of the building, the Inspector was told that the owner of the building is the father of the Church, who resides at Wazirpura premises. The father of the Church was also alleged to be contacted, who had informed that the pro -property belong to Catholic Church and he was the Manager. The property was formerly under the tenancy of the Forest Office, who have not vacated the same. The Rent Control Inspector also mentioned that the release application is also annexed and the disputed house is required for the personal use of the landlord a copy of this report is on record as Annexure 4 to the writ petition. An application for release dated 23rd May, 1990 under Section 16(1)(b) of U.P. Act No. 13 of 1972 (hereinafter referred to as the Act) was filed by the petitioner, which is Annexure 5 to the writ petition. In this release application the landlord has expressed the bona fide requirement of the building for the use of religious and charitable purposes by the Church.;