LAWS(ALL)-2014-10-120

UMA DEVI Vs. RENT CONTROL & EVICTION OFFICER

Decided On October 30, 2014
UMA DEVI Appellant
V/S
RENT CONTROL AND EVICTION OFFICER Respondents

JUDGEMENT

(1.) Heard Sri Ajay Kumar Singh, learned counsel for the petitioner.

(2.) Thereafter on 13.9.2012, the respondent herein has filed an application for issuing Form-C on the strength of the release order dated 21.8.1999. The aforesaid application was allowed by the learned Additional District Magistrate (Civil Supply) Varanasi vide order dated 16.8.2013. Thereafter vide order dated 3.9.2013, Form-D has also been issued.

(3.) Against the aforesaid order, the petitioner had filed Revision, before the Additional District Judge Varanasi, which was numbered as Revision No. 194 of 2013 (Smt. Uma Devi v. Indrani Sharma), on the ground that the release application filed by the respondent under Section 21(1)(a) was rejected taking note of the fact that the relation-ship of landlord and tenant did not exist in between the parties and concealing this fact, application, seeking declaration of vacancy and release, was filed, which had illegally been allowed. Further the entire proceeding before Rent Control and Eviction Officer was without jurisdiction as the (sic) jurisdiction to proceed with the matter.