S.D.Agarwala - (1.) -This is a petition under Article 226 of the Constitution of India arising out of a proceeding under Section 16 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred to as' the Act. '
(2.) ' Delay defeats justice ' is often said ; but what great disaster delay can cause to a family, is apparent from the facts of the present case. The landlord after moving an application under Section 16 of the Act died, paralytic, yearning to live in his only house in the last days. Thereafter his wife who was a heart patient also died and now the children are pursuing the application under Section 16 of the Act. They have not till now got possession of the house in dispute as they are pitted against a powerful person like the petitioner, Naubat Ram Sharma, who is the former Chairman of the Zila Parishad, Moradabad and came into unauthorised occupation of the house. Sri Rameshwar Prasad Rastogi was the original owner and landlord of the premises known as ' Kothi ' situate in Civil Lines, Moradabad. This Kothi Was in possession of Sri S. K. Mittal, Deputy Chief Medical Officer, Moradabad, who was transferred from Moradabad to Lucknow. The Rent Control and Eviction Officer, Moradabad, by an order dated 13th May, 1975, notified the vacancy of the house in dispute because of the transfer of Sri Mittal. Rameshwar Prasad Rastogi made an application for release of the premises on 17th of May, 1975, under Section 16 (1) (b) of the Act. It appears that as soon as Naubat Ram Sharma, the petitioner, came to know that Sri S. K. Mittal has been transferred from Moradabad, he made an application for allotment of the house in dispute in his favour. On 22nd July, 1975 the Rent Control and Eviction Officer, Moradabad, rejected the release application of Rameshwar Prasad Rastogi and on the same day allotted the house in favour of the petitioner. Rameshwar Prasad Rastogi filed two appeals, namely, Appeal No. 238 of 1975 and Appeal No. 239 of 1975 before the District Judge challenging the order rejecting his release application and the allotment order made in favour of the petitioner. In the above mentioned appeal Rameshwar Prasad Rastogi moved an application for stay of the operation of the allotment order. The Additional District Judge granted an ad interim stay order. The said stay order was filed before the Rent Control and Eviction Officer ; but, inspite of the said stay order the petitioner took possession of the house. During the pendency of these appeals Rameshwar Prasad Rastogi died. In his place consequently the widow of Sri Rameshwar Prasad Rastogi, namely, Smt. Sarasawati Devi, was substituted and she continued to prosecute both the appeals.
(3.) ON 6th of May, 1976, the IV Additional District Judge, Moradabad, allowed both the appeals. The allotment order in favour of the petitioner was quashed and the matter was remanded to the Rent Control and Eviction Officer for a fresh decision in accordance with law. In the appellate order it was specifically directed by the appellate Court that the parties will be entitled to be relegated to the position at which they were before the passing of the order by the Rent Control and Eviction Officer. In view of this direction given by the appellate Court the widow of Rameshwar Prasad Rastogi, namely, Smt. Saraswati Devi, moved an application under Section 18 (3) of the Act and prayed that since the order of allotment has been rescended therefore the possession should be restored back before the commencement of the further proceedings before the Rent Control and Eviction Officer in pursuance of the remand order passed by the appellate court. The Rent Control and Eviction Officer rejected this application under Section 18 (3) on 21st of September, 1976. A Division Bench of this Court consisting of Hon'ble K. N. Singh, J. and Hon'ble O. P. Rana, J. allowed the petition on 23rd January, 1979, quashed the order of the Rent Control and Eviction Officer dated 21st September, 1976, and directed the Rent Control and Eviction Officer to evict the petitioner, Naubat Ram Sharma under Section 18 (3) of the Act.;