Sudhir Narain, J. - (1.) This writ petition is directed against the order dated 18.11.1981 passed by the Rent Control; and Eviction Officer declaring the disputed premises as vacant and thereafter the order of release dated 30.1.1982 in favour of the landlord respondent and the order of the revisional authority dated 21.7.1982 affirming the said order in revision.
(2.) The dispute relates to the house known as Jamuna Mahal, Katghar, Allahabad, Maharaj Kashi Raj Dharam Karya Nidhi, Durg Ram Nagar, Varanasi was its owner. One Mangala Prasad on behalf of respondent No. 1 filed an application for release of the disputed accommodation alleging that the petitioners are unauthorised occupants of the various portions of the house in question. Ramesh Chandra, Manager of the trust, respondent No. 1, appointed as caretaker Rama Shankar Lal Srivastava on 26.4.1979 on monthly salary of Rs. 150 but he was not given any power to induct any tenant. The property was to be utilised for the purpose of the trust. The services of Rama Shankar Lal were terminated on 13.4.1980. He hardly worked for one year as caretaker on behalf of the Manager and he was removed as his work and conduct was not satisfactory and in his place one Raghunath Prasad was appointed. The various portions were permitted to be occupied by Rama Shankar Lal who was not authorised to induct any person. He prayed that the disputed accommodation be declared as vacant. The Rent Control and Eviction Officer directed the Rent Control Inspector to submit a report. The Rent Control Inspector submitted a report and found that the accommodation was in unauthorised occupation of the petitioners and other persons. The Rent Control and Eviction Officer vide order dated 18.11.1981 declared the disputed accommodation as vacant. Respondent No. 1 had filed application for release of the disputed premises. The Rent Control and Eviction Officer considering the bona fide need and taking into consideration all other aspects released the disputed accommodation in favour of respondent No. 1 on 30.1.1982. The petitioners preferred a revision against the said order. The revision was dismissed on 21.7.1982. The petitioners have preferred the writ petition against these orders.
(3.) I have heard Sri Rajesh Tandon, learned counsel for the petitioners and Sri Faujdar Rai, learned counsel for the contesting respondent.;