- (1.) Heard Sri Om Prakash, Advocate holding brief of Sri B.D. Mandhyan, learned counsel for the petitioner, Sri Pankaj Agarwal, Advocate holding brief of Sri M.K. Gupta, learned counsel for the respondent No. 3 and learned Standing Counsel for the State respondents. The petitioner has assailed the order dated 17.10.1997 passed by XIIth Additional District Judge, Agra setting aside order of Rent Control and Eviction Officer, Agra (hereinafter referred to as "RCEO") dated 06.07.1994 allotting the accommodation in question to the petitioner.
(2.) The dispute relates to shop No. 16/1/90 (old No. 16/1) situated in Subhash Bazar, Agra. It is not disputed that the aforesaid shop is owned by Sri Narain Das Kagajwale Dharmarth Trust (respondent No. 7), managed by Dr. Harish Chandra Jain.
(3.) The petitioner Haji Mohammad Rashid (since deceased and substituted by his legal heirs/representatives i.e. petitioner Nos. 1/1 to 1/10) made an application on 2nd June, 1994 requesting for allotment of shop in question alleging that it was under the tenancy of Sukesh Kumar and Sushil Dixit, sons of late Sri Salig Ram Sharma, and they are going to vacate the premises and it may be allotted to the petitioner. An inspection was made on 13th June, 1994 whereafter the alleged tenants namely Sukesh Kumar and Sushil Dixit filed an affidavit on 1st July, 1994 stating that they are going to vacate the premises very shortly. Another affidavit was filed by Dr. Harish Chandra Jain, Manager of landlord trust giving his consent for allotment of shop in question in favour of petitioner. Thereafter RCEO passed order dated 6th July, 1994 allotting the shop in dispute to the petitioner.;