Sibghat Ullah Khan, J. - (1.) HEARD Shri Raghvendra Kumar Singh and Mohd. Altaf Mansoor learned counsel for the petitioner and Shri Pritish Kumar learned counsel for the contesting respondents. This writ petition arises out of release/allotment proceedings under section 16 of U.P. Act No. 13 of 1972. Property in dispute is half portion of a house consisting of one hall, 2 bed rooms, one study room, one varandah and latrine bathroom etc. Rest half portion of the house in dispute having same area but containing 4 rooms of smaller size is admittedly in possession of landlords -respondents 2 to 6 since 2000.
(2.) PORTION in dispute was initially in tenancy occupation of Shri B.K. Gupta and the portion which is in possession of landlords -respondents 2 to 6 since 2000 was previously in tenancy occupation of Indian Overseas Bank which was vacated by it in 2000 and its possession was handed over to the landlords -respondents. Initially Shri A.K. Sinha was the landlord who had died on 13.10.1991 leaving behind opposite parties Nos. 2 to 6 as his legal representatives. Shri A.K. Sinha the original landlord filed application for release before Rent Control and Eviction Officer under section 16 of the Act on 8/12.04.1988 supported by affidavit. The name of the landlord was wrongly typed as S.K. Gupta instead of A.K. Gupta. Release application and affidavit filed in support thereof is annexure 1 to the rejoinder affidavit. In the application it was stated that house was let out to Shri B.K. Gupta on monthly rent of Rs. 450/ - in the year 1978 who removed his effect from the same in 1982 but kept his lock over the same, hence it was deemed vacant under section 12 of the Act. Report was given by Rent Control Inspector that the house was vacant. In the report of the Inspector dated 30.06.1988 (Annexure R.A. 2) it was mentioned that Shri Gupta was paying Rs. 50/ - as rent. Petitioner and others also filed allotment applications. The cases were registered as case No. 131 of 1990 Shashi Mohan Bajpayee v. S.K. Sinha, (for allotment) and Case No. 102 of 1990 S.K. Sinha v. State for release.
(3.) VACANCY was declared through order dated 27.03.1990 ( Annexure R.A. 5) by Rent Control and Eviction Officer/A.D.M. City Lucknow. Thereafter through order dated 05.06.1990 (Annexure R.A. 6) Rent Control and Eviction Officer rejected the release application on the ground that in the release application itself the landlord had stated that he was serving as Branch Manager in State Bank of Bikaner and Jaipur at Kota and had not given any evidence that in which institution at Lucknow his children were studying and where they were residing. Through order dated 14.06.1990 name of the landlord was corrected as A.K. Sinha. A fresh release application had been filed by Shri A.K. Sinha on 28.06.1990 which was again rejected on 03.08.1990. In the said order it was mentioned that Shri A.K. Sinha admitted that earlier release application was also filed by him and that also contained his signatures and he said that he was not in a position to tell that why in the earlier application letter "A" was scored off and letter "S" was written against his name. Again same reason was given for rejecting the release application.;