Hari Nath Tilhari, J. - (1.) BY this writ petition, the petitioner has challenged the order dated 3.9.1993, passed by Sri Shahabuddin Mohammad, Additional District Magistrate (Civil Supplies), Lucknow, in case No. 40 of 1991 (Udai Pratap Singh v. Jitendra Nath Dar) whereby the Additional District Magistrate passed an order declaring the accommodation in dispute to be vacant for the purpose of taking proceedings under Section 16(1) of the Act No. XIII of 1972. The petitioner has sought the relief of issuance of a writ, order or direction in the nature of writ of certiorari for the quashing of the order dated 3.9.1993 as well as for quashing of notice dated 14.1.1993, Annexure No. 16 to this writ petition. He has further claimed a writ of mandamus to the effect that a writ of mandamus be issued directing the opposite parties not to evict the petitioner from the premises in dispute bearing No. 62/32, situate at Chitwapur (behind police out post) Lucknow, except in accordance with law.
(2.) THE facts of the case, in brief, are that the opposite party No. 2 Sri Udai Pratap Singh purchased a house No. 62/32 and 62/32 -Ka, Chitwapur road, Police -Station Husainganj, Lucknow from one Sri Mahendra Pratap Singh by and under the registered sale -deed dated June 5, 1991 for his personal requirements. The opposite -party No. 2 after the purchase of the said building moved an application on 12th July, 1991 for release of the house No. 62/32, Chitwapur road, Lucknow including the one in occupation of the petitioner in that house. On the application for release being made under Section 16(1) of U.P. Act No. XIII of 1972, a report was called for from inspector, who after inspecting the house submitted his report on July 22, 1991. Sri Jitendra Nath Dar, the petitioner who was found at the time of inspection to be in use and occupation of the building in dispute made his statement in writing to the Inspector. After the submission of written report by Inspector, notice were issued to concerned persons.
(3.) AFTER the service of the notice on 23.10.1991 Sri Jitendra Singh Dar filed his objections and claimed that in the house indispute, petitioner Jitendra Nath Dar continues to be in occupation as a tenant since 1961 on a monthly rental of Rs. 50/ - and the accommodation was let out to him by the original owner of the house, namely, one Sri Brij Narain. He gave a detailed history of passing of the title from Brij Narain to Smt. Tej Kumari, i.e. alleged to have purchased that house from Shri Brij Narain vide the sale -deed dated 4.7.1980, and it may be mentioned here that Smt. Tej Kumari was sister of the petitioner. Smt. Tej Kumari, according to petitioner's case, on 30th April, 1985 had transferred by sale the aforesaid house to Shri Mahendra Pratap Singh and (hereafter Sri M.P. Singh, transferred it to the present owner of the house i.e. opposite party No. 2 acquired the title by and under the sale -deed dated 5.6.91 executed by Sri M.P. Singh in favour of the present opposite -party No. 2.;