- (1.) WRIT Petition No. 61885 of 2007 has been filed by Rangiji sahkari Avas Samiti Ltd. (hereinafter referred to as the 'landlord') for setting aside that part of the order dated 26th August, 2003 passed by the Rent Control and Eviction Officer by which the application filed by it under section 16 (1) (b)of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'act') for release of the building in its favour was rejected. The petitioner has also sought the quashing of the judgment and order dated 12th October, 2007 passed by the learned Additional District judge, Court No. 12 Agra by which Revision No. 88 of 2004 filed by it under section 18 of the Act for setting aside the said order was dismissed.
(2.) WRIT Petition No. 56658 of 2007 has been filed by the State of U. P. and the District Supply Officer, Agra for setting aside the judgment and order dated 12th October, 2007 passed by the learned Additional District Judge, court No. 12 Agra by which Revision No. 87 of 2004 filed by the landlord for setting aside that part of the order dated 26th August, 2003 of the Rent Control and Eviction Officer which rejected the application filed by the landlord under section 16 (5) (b) of the Act for being put back in possession of the building, was allowed.
(3.) THE facts, as they emerge from the various affidavits filed by the parties in the aforesaid two writ petitions, indicate that the dispute relates to a part of the building bearing Municipal No. 3/50 commonly known as 'bharatpur house', Khandari Agra. The said building initially belonged to the Bharatpur royal Family Religious and Ceremonial Trust. This Trust executed a lease deed in favour of the landlord on 10th February, 1989. The landlord is a registered co-operative Housing Society registered under the provisions of the u. P. Cooperative Societies Act, 1965 engaged in the business of providing residential plots and houses to its members. The accommodation in dispute which relates to the first floor of the building was initially in the tenancy of the District planning Officer, Agra who was re-designated as the Chief Development officer, Agra. It is said that on 17th November, 1997 the said tenant vacated the accommodation in dispute and it came into the possession of the landlord. On 8th December, 1997 the District Supply Officer, Agra made an application for allotment of this accommodation in dispute in his favour under section 16 (1) (a) of the Act. The Rent Control and Eviction Officer thereupon called for a report from the Inspector who submitted it on 12th November, 1998. The report mentions that the accommodation in dispute had been vacated by the tenant and they had shifted their office to Sanjay Palace Commercial Complex, Agra and, therefore, the accommodation in dispute had fallen vacant. On the basis of this report, the Rent Control and Eviction Officer passed an allotment order dated 29th January, 1998 in favour of the District Supply Officer, Agra.;