MISHRI LAL Vs. MAYA DIXIT
LAWS(ALL)-2012-5-336
HIGH COURT OF ALLAHABAD
Decided on May 02,2012

MISHRI LAL Appellant
VERSUS
Maya Dixit Respondents

JUDGEMENT

- (1.) This writ petition is directed against the impugned order dated 30.9.2010 passed by the Additional District Judge, Kanpur in Rent Control Revision No. 25 of 2010 upholding the order dated 28.8.2009 and 25.2.2010 passed by the Rent Control and Eviction Officer (in short "RCEO") whereby the disputed premises was declared vacant and released under Section 16(1)b of the UP Act No. 13 of 1972 (in short "Act") in favour of the landlady Respondent No. 1. Brief facts of the case as set out in the writ petition are as follows; The house in question was purchased by Respondent No. 1 Smt. Maya Dixit wife of Sri Prakash Dixit by a registered sale deed dated 30.3.2006. She initiated proceedings for declaration of vacancy by filing an application on 11.9.2006 for release of the disputed accommodation under the unauthorized occupation of the petitioner under Section 16(1)(b) of the Act. Respondent No. 2 also moved an application on 11.9.2006 for allotment of the disputed premises.
(2.) In pursuance of the aforesaid applications filed under Section 16 of the Act, the Rent Control Inspector after issuing notices to the concerned parties, inspected the premises in question and submitted its report. The RCEO after considering the material evidence on record and hearing the parties declared the vacancy and released the disputed premises under the Act in favour of the landlord by orders dated 28.8.2009 and 25.2.2010 respectively.
(3.) Being aggrieved and dissatisfied with the said orders, the petitioner preferred a Rent Control Revision No. 25 of 2010. The lower Revision Court by judgment and order dated 30.9.2010 dismissed the revision upholding the orders passed by the RCEO dated 28.8.2009 and 25.2.2010. Hence, the present writ petition.;


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