J.C.Gupta, J. - (1.) By means of this writ petition, the order of Rent Control and Eviction Officer dated 30.8.82 (Annexure-15) has been challenged.
(2.) The dispute relates to a shop situate at Hira Building. Poorana Adda Hathras, Altgarh, of which respondent No. 2 is the landlady. It is not in dispute that in the said shop, one Bishambher Dayal was tenant on behalf of the landlady and was doing Homoeopathic practice. The proceedings started on an application moved by landlady for the release of the said shop in her favour on the ground that the shop had been sublet by Bishambher Dayal and he has substantially removed his effects from the said shop and. therefore, a vacancy had come into existence. It further appears that a report was called for from the Rent Control Inspector who by the report dated 25.5.77 reported that tenant Bishambher Dayal was found in occupation of the shop at the time of his visit and the said shop was not in occupation of any third person. Landlady filed her affidavit alleging therein that the shop was first let out to one Ram Prasad and thereafter to Sarvesh Kumar. She also got filed affidavits of Ram Prasad and Sarvesh Kumar, the alleged sub-tenants wherein they stated that they were let out projection of the shop in question by the then tenant Bishambher Dayal. It also appears that before the said affidavits could be rebutted or controverted, Bishambher Dayal died on 16.12.77. His real brother Shanker Lal filed an application for substitution stating therein that he has inherited tenancy rights and was entitled to defend the proceedings initiated against Bishambher Dayal. This substitution application was first rejected on 21.9.78 by a cryptic order but was subsequently allowed. The R. C. and E. O. allowed the objections of Shanker Lal and rejected the landlady's application of release by the order dated 14.12.78 holding that there existed no vacancy. The landlady challenged the said Order In revision and the revisional court by the order dated 31.8.79 upheld the order of the R. C. and E. O. so far as question of substitution was concerned but remanded the case to the R. C. and E. O. for a fresh decision on the question of vacancy by observing that the R. C. and E. O. would examine the question whether or not Bishambher Dayal had ceased to be tenant within the meaning of Section 12 of the Act. during his lifetime and permitted both the parties to adduce fresh evidence. Consequently, the parties filed further evidence before the R. C. and E. O. and by the impugned order, the R. C. and E. O. has declared vacancy. Aggrieved by this order, Shanker Lal has filed this writ petition before this Court- During the pendency of writ petition, Shanker Lal expired and his legal representative has been brought on record under the order of this Court dated 13.11.98.
(3.) Sri M. K. Gupta learned counsel for the petitioner and Sri V. P. Singh learned counsel for the landlady-respondent have been heard, Record has also been perused.;