- (1.) Through this writ petition filed under Article 226 of Constitution of India, the petitioner has sought for issuance of a writ of certiorari for quashing the order dated 12.10.2009, of Rent Control and Eviction Officer/City Magistrate, Saharanpur (hereinafter referred to as "RCEO") rejecting petitioner's application under Section 29-A of U.P. Act No. 13 of 1972.
(2.) The dispute relates to a property, earlier known as Red House, Saharanpur. It was in possession of Mrs. Julia Walker (Nee Powel), w/o Mr. Eden Walker. It is said that the disputed land was absolutely seized and possessed by Sri Alfred Powell who constructed a house thereon. Vide will deed 11.04.1907, Sri Alfred Powell bequeathed the said premises to Mr. Harriet Adelaide Powell, who, further, through a will deed dated 10.02.1915, bequeathed the same to Mrs. Mand Julia Walker, probate whereof was granted on 19.04.1923 in Misc. Case No. 26 of 1923. She transferred, by sale, the aforesaid property to one Sunder Lal Mehta, vide sale deed dated 30.01.1937. Sale deed contains a stipulation that purchaser shall have all the rights in respect to property, as possessed by vendor, subject to payment of premium of Rs. 19/10 Anna per year and enhanceable rent payable to Zamindars in perpetuity.
(3.) Sri Sunder Lal Mehta built a house on the aforesaid land. The said house along with another house came in possession of Imperial Bank of India, for residence of its Manager, pursuant to lease dated 1.9.1938 on a consolidated rent of Rs. 185/- per mensem.;