Krishna Murari, J. - (1.) This writ petition has been filed assailing the order dated 18/19.12.2012 passed by Rent Control & Eviction Officer, Agra. The order is alleged to have been passed on the margin of the application filed by opposite party no. 5 (now dead and represented by respondent nos. 5/1 to 5/10) in execution proceedings Case No. 97 of 2012.
(2.) Facts giving rise to the dispute are as under.
(3.) Dispute relates to shop no. 16/1/90 (old no. 16/1) situate in Subhash Bazar, Agra, which was owned by trust by the name of Sri Narain Das Kagaz Wale Dharmarath Trust and was being managed by Dr. Harish Chandra Jain. One Haji Md. Rashid (since dead) represented by respondent nos. 5/1 to 5/10, made an application for allotment of the said shop on the allegation that the tenants Sukesh Kumar and Sushil Dixit are going to vacate the same. An inspection was carried out on 13th June, 1994. 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. Dr. Harish Chandra Jain, the Managing Trustee also filed an affidavit giving consent for allotment of the shop in dispute in favour of Haji Md. Rashid. Rent Control & Eviction Officer passed an order dated 6th July, 1994 allotting the shop in dispute in his favour. Petitioners herein filed RCC Revision No. 2 of 1996, which was allowed by 12th Additional District Judge, Agra holding that neither the procedure prescribed in Rule 8 (2) nor 9 (3) of U.P. Urban Building (Regulation of Letting and Eviction) Act, 1972 has been followed. The finding was also recorded that conduct of Rent Control Inspector is highly suspicious and the parties, namely, the prospective allottee and the alleged owners have also not acted honestly and the allotment order is nothing but a result of fraud and misrepresentation. Revisional court after setting aside the allotment, remanded the case back to the Rent Control & Eviction Officer to pass fresh orders on the allotment application after opportunity of hearing to all the parties. The said order was challenged by opposite party nos. 5/1 to 5/10 by filing Writ Petition No. 37680 of 1997. This Court vide judgment dated 28.08.2012 dismissed the writ petition with cost and affirmed the judgment dated 17.10.1997 passed by revisional court. This Court after noticing the case set up by the present petitioners, who were respondent nos. 3 to 6 in the said writ petition has observed as under. "So far as right of respondents No. 3 to 6 in respect to shop in question is concerned, the Court finds that the case set up by contesting respondents is that the shop was under tenancy of Sri Hari Shankar Sharma, father of respondents no.3 to 6 (father of petitioners herein), since February, 1950. Sri Hari Shankar Sharma was carrying on a partnership business along with Smt. Gulab Devi and Smt. Prema Devi. The firm's title was "M/s Prabhat Medical Store". The business had commenced in 1950. Smt. Gulab Devi separated herself from the partnership in January, 1962. Smt. Prema Devi, who had nothing to do with the tenancy of shop, however, misusing position of her husband Sri Salig Ram Sharma, a Deputy Superintendent of Police retired in 1969, forcibly dispossessed Sri Hari Shankar Sharma from the shop in question. In this regard a suit no.44 of 1971 was filed by Hari Shankar Sharma, in which an Arbitrator was appointed and the award given by Arbitrator was maintained by Apex Court also and its execution is pending in the Court of IInd Addl. District Judge, Agra. Besides above, Suit No.306 of 1971 was filed by Sri Hari Shankar Sharma against his forcible dispossession from the shop in question impleading Salig Ram Sharma, Prema Devi and Smt. Gulab Devi which was decreed by Munsif, Agra on 26.9.1974; and, First Appeal No.228 of 1974 was dismissed on 14.1.1976 whereagainst a second appeal was filed by the aforesaid defendants before this Court wherein decree was modified, by this Court, observing that the shop will be considered to be under a joint tenancy of Sri Hari Shankar Sharma, Smt. Prema Devi and Gulab Devi and Sri Salig Ram would have no tenancy rights therein. The High Court's judgment became final after dismissal of Civil Appeal No.1319 of 1976 by the Apex Court.";