A.K.Yog, J. - (1.) This is a writ petition under Article 226. Constitution of India, seeking to challenge declaration of vacancy vide order dated 19.11.2001 (Annexure-12 to the writ petition).
(2.) The dispute relates to the premises No. 19-E/14. Gujrati Street. Moradabad. Respondent Nos. 2, 3 and 4 are the landlords. The petitioner was inducted with the tacit consent of the landlord in May. 1995 on a rent of Rs. 1.500 per month plus tax. Admittedly, the provisions of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. U. P. Act No. XIII of 1972 (for short called 'the Act') were applicable to the said premises. It is not disputed that the landlord let out the accommodation in breach of the statutory obligations contemplated under Act. i.e., letting out premises in flagrant violation of the Act.
(3.) Initially landlord wanted to evict the petitioner-tenant (unlawful tenant being without allotment order under the Act), which compelled him to file suit No. 26 of 1999 seeking decree of injunction restraining the landlord to evict him by force. The injunction was granted by civil court (Annexure-1 to the writ petition). Thereafter, one Ram Mohan Agarwal filed an application for allotment of the premises in question under the Act. According to the petitioner, ex partes proceedings for vacancy were initiated without notice as contemplated under Rule 8 of the Rules framed under the Act (paras 9 and 10 to the writ petition). Rent Control and Eviction Officer vide order dated 14.12.1999 declared the vacancy (Annexure-4 to the writ petition) and thereafter allowed the release application in favour of the landlords vide order dated 15.2.2000.;