JUDGEMENT
Girish Prasad Mathur, J. -
(1.) THE present writ petition was filed by Dhir Kumar, erstwhile landlord, challenging the order dated 22 -8 -1982 by which the premises in dispute were allotted to Pratap Kumar, Respondent No. 3. During the pendency of the writ petition in this court Dhir Kumar sold the property to Rajendra Prasad Garg by means of a registered sale deed. Subsequently an application for impleadment was moved on behalf of Rajendra Prasad Garg and he has been impleaded as petitioner vide order dated 2 -1 -1986. Pratap Kumar Respondent No. 3 has filed an affidavit stating that the need of the new landlord Rajendra Prasad Garg is bona fide and genuine and as such he does not want to contest the writ petition and press the allotment order passed in his favour. He has prayed that the writ petition be allowed and the impugned orders declaring vacancy as well as the order of allotment be quashed. The erstwhile landlord Dhir Kumar challenged the order declaring vacancy and also the order dated 22 -9 -1982 by filing a revision before the District Judge. After the dismissal of the revision he filed the present writ petition in this court which was admitted on 8 -10 -1982 since Pratap Kumar, Respondent No. 3, has himself filed an affidavit that he does not want to press the allotment order passed in his favour and has prayed that the orders declaring vacancy and the allotment order be set aside, the writ petition is allowed. The impugned orders dated 13 -9 -1982 passed by the Rent Control and Eviction Officer declaring vacancy as well as the allotment order dated 22 -9 -1982 and the of order 4 -10 -1982 passed by the VIIth Addl. District Judge, Aligarh, in Rent Control Revision No. 55 of 1982 are quashed. The parties will bear their own costs.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.