RAJENDRA PRASAD AND ANOTHER Vs. THE RENT CONTROL AND EVICTION OFFICER, MEERUT AND ANOTHER

JUDGEMENT

(1.) THIS is an appeal against the judgment of A.P. Srivastava, J. dated 3 -1 -1962. The Appellants are landlords of a three -storeyed building situated in Subhash Bazar, Meerut. The third storey was in occupation of the Appellants, whereas the ground floor as well as the first and second floors were in the tenancy of M/s. Khemka Brothers paper merchants. The tenant intended to vacate the accommodation, hence on 8 -9 -1960 the Appellants applied to the Rent Control and Eviction Officer, Meerut for release of the remaining premises in their favour Under Rule 6, as they required the same for running their own business. Two other persons also applied for the allotment of the accommodation, one of them being M/s. Gopal Trading Company. By his order dated 6 -11 -1961, the Rent Control and Eviction Officer, Meerut allotted the accommodation to M/s. Gopal Trading Company, which is the second Respondent to this appeal. A copy of the allotment order was duly sent to the Appellants; for compliance.

(2.) THE Appellants challenged the allotment order dated 6 -11 -1961 by filing a writ petition in this Court which was dismissed by A.P. Srivastava, J. on 3 -1 -1962; hence this appeal.

(3.) THE legal position has since considerably changed. It has been repeatedly held by this Court that an order of allotment and/or release is at least a quasi -judicial order. It has to be a speaking order, open to be questioned in the Writ Jurisdiction of this Court. In Smt. Ira Mitra v. A.K. Mandhyan, 1968 AWR 236 it was held by this Bench that a Rent Control and Eviction Officer has jurisdiction to entertain a release application even in the proceedings taken against the landlord Under Section 7 -A of the Rent Control and Eviction Act, "inspite of the earlier order of 'allotment' that had been passed by him in favour of the would be tenant." The landlords, who are already in possession of a portion of the building, are certainly entitled to have their release application duly considered by the Rent Control and Eviction Officer and it cannot be deemed to have been rejected merely because an order of allotment has already been passed in favour of a prospective tenant.