K.C. Agarwal, J. - (1.) The Life Insurance Corporation of India is a statutory corporation having been established under section 3 of the Life Insurance Corporation Act, 1956. Under section 7 of the aforesaid Act, on the appointed day, nomely, the 1st of September, 1955, all the assets and liabilities appertaining to the controlled business of all the erstwhile insurance companies were transferred to and vested in the Life Insurance Corporation of India. Bharat Insurance Company Limited was also one of the Insurance Companies which was taken by the Life Insurance Corporation under the aforesaid Act. As a result thereof, all the properties and buildings belonging to the Bharat Insurance Company Ltd. stood vested or transferred to the Life Insurance Corporation of India. Amongst others Bharat Insurance Company Limited owned a number of properties which were situated at Dehradun. This was commonaly known as 'Bharat Estate Buildings' at Dehradun. It is not disputed that these buildings were constructed after January 1951. Accordingly they were not coverd by the U.P. (Temporary) Control of Rent and Eviction Act, 1947. After the enforcement of U.P. Act No. 13 of 1972, a number of persons filed applications for allotment of the Bharat Estate Buildings 'New Cannaught Place' Dehradun, on the ground that the said building was vacant and, therefore, was available for allotment. Some of these applications were for Godown No. 12-A.
(2.) These applications were resisted by the Life Insurance Corporation of India on the ground that the Godown was in occupation of the Life Insurance Corporation itself and as there was no vacancy, the same was not open for allotment. Relevant allegations were made by it in paragraph 4 of the objection which was preferred on its behalf before the Rent Control and Eviction officer The same reads as under : "That Godown No. 12-A, was vacated on 1.6.72, and since then it is the possession and occupation of the applicant. The repairing and building material is stored therein, which is every time required for the repair and maintenance of the applicants aforementioned buildings."
(3.) Apart from the above ground, the Life Insurance Corporation took some other pleas on the basis of which it alleged that the application filed for the allotment of the Godown was liable to be rejected.;