Vikram Nath, J. - (1.) This petition has been filed by the allottee for quashing the order dated 26.4.2001, passed by VIIth Addl. District Judge (Court No. 7) Bareilly passed in Rent Control Revision No. 136 of 1988, Kaleem Ullah Khan v. State of U. P. and Ors., whereby the said revision has been allowed and the order of allotment dated 9.9.1988, passed in favour of the petitioner by the Rent Control and Eviction Officer, Bareilly, has been quashed.
(2.) The dispute relates to ground floor portion of house No. 2 Mohalla Aqab Kotwali Gali Maniharan, Bareilly. It. is alleged that the said house belong to waqf alul-aulad and Smt. Rais Begum was its mutwalli. The premises having fallen vacant the petitioner applied for allotment of the same, which was registered as Case No. 28 of 1986 in the Court of Rent Control and Eviction Officer, Bareilly. After inviting objections and affording opportunity of evidence and hearing to the parties, the Rent Control and Eviction Officer vide order dated 9.9.1988, directed for allotment of the premises in favour of the petitioner. Subsequent there to possession was also delivered on 13.9.1988 to the petitioner. Aggrieved by the order of allotment respondent No. 2 filed revision under Section 18 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) before the District Judge, Bareilly, which was registered as Rent Control Revision No. 136 of 1988.
(3.) During the pendency of the revision an amendment was brought in the Act being U. P. Act No. 5 of 1995 whereby after Clause (b) in Section 2 of the Act, Clauses (bb) and (bbb) were added vide Section 2 (a) (in) of the aforesaid amending Act. Section 2 of the Amending Act is reproduced hereinbelow : 2. Amendment of Section 2 of U. P. Act No. 13 of 1972.--In Section 2 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred to as the principal Act( a) in Sub-section (1),( i) in Clause (a), after the words "a public sector corporation", the words "or a Cantonment Board" shall be inserted; (ii) in Clause (b), the words "the whole of the income from which is utilised for the purpose of such institution" shall be omitted; (iii) after Clause (b), the following clauses shall be inserted, namely: "(bb) any building belonging to or vested in a public charitable or public religious institution; (bbb) any building belonging to or vested in a waqf including a waqf-alal-aulad;" (iv) after Clause (f), the following clauses shall be inserted, namely: (g) any building, whose monthly rent exceeds two thousand rupees; (h) any building of which a Mission of a foreign country or any international agency is the tenant;" (b) Sub-section (3) shall be omitted.";