S.U. Khan, J. - (1.) This writ petition is directed against the order dated 13.4.1993 passed in Case No. 243 of 1987/222 of 1992, Om Prakash v. Baba Deedar Nath and others, in respect of property No. 8/391, Bhairon Bazar, Belanganj, Agra. 1 fie order was passed by Rent Control and Eviction Officer/A.D.M. Food and Civil Supplies, Agra. Through the said order property in dispute, which is a shop, was declared vacant and allotted to respondent No. 2, Om Prakash. Respondent No. 3 Baba Deedar Nath is the landlord of the shop in dispute. Proceedings before Rent Control and Eviction Officer were initiated on the allotment application of Om Prakash respondent No. 2. It was alleged before the Rent Control and Eviction Officer on behalf of Om Prakash as well as landlord Baba Deedar Nath that initially Mawasi Ram was the tenant of the shop in dispute, who had died and Misri Lal, petitioner No. 3, was in unauthorised occupation of the said shop, hence it was deemed to be vacant. Mawasi Ram on his death left behind only Laxmi Devi, petitioner No. 1, his daughter as his legal representative. Before Rent Control and Eviction Officer, Laxmi Devi and her son Pramod Kumar, petitioner No. 2, stated that after the death of original tenant Mawasi Ram, Pramod Kumar was doing business from the shop in dispute with the help of Misri Lal, who was his servant.
(2.) Rent Control and Eviction Officer in the impugned order held that Misri Lal was residing in the accommodation in dispute as well as doing business there from. For this finding reliance was placed upon the following evidence : (i) Report of Rent Control Inspector mentioning that at the time of his inspection Misri Lal was found residing and doing business in the accommodation in dispute. (ii) Challan of Misri Lal and dismissal of the case on the basis of compromise, Complaint was filed by Inspector Weights and Measures against Misri Lal in respect of his business from the shop in dispute. Compounding fees of Rs. 75/- in respect of the said Challan was also paid by Misri Lal. (ii) Affidavit of Misri Lal given in Suit No. 156 of 1987 showing his address at that of accommodation in dispute.
(3.) Rent Control and Eviction Officer also held that Pramod Kumar was doing business from a shop in Azad Gali, Agra in the name and style of Messrs Lav Kush Bartan Bhandar. In this regard reliance was also placed upon the invitation card sent at the occasion of marriage of Pramod Kumar.;