MANSARAM Vs. S P PATHAK

JUDGEMENT

(1.) Appellant Shri Mansaram son of Shri Chanduram Sharma was serving in the telephone office at Nagpur and was thus holding an office of profit under the Union of India. He took on lease premises on a monthly rent of Rs. 75/- per month, more particularly described in the application made to the House Allotment Officer, Nagpur by first respondent Shri S. P. Pathak, from the then owner of the premises one Shri Basantrai Sharma. He continued to be in possession even after his retirement from service in 1967. Shri Basantrai Sharma died and there is a dispute between respondents 3 and 4 and Shri Prabhakar about succession to the estate of the deceased Shri Basantrai Sharma. Respondents 3 and 4 claimed to be the legatees under a will of deceased Shri Basantrai Sharma. Respondent. No. 1 Shri S. P. Pathak made an application to House Allotment Officer, Nagpur registered as Miscellaneous Case No. 51/A-71(2)/76-77 against the present appellant Mansaram alleging that the appellant had occupied the premises involved in the dispute in contravention of sub-cl. (2) of Clause 22 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 ('Rent Control Order' for short), in that he occupied the premises to which Chapter III of the Rent Control Order applies without obtaining an order under sub-clause (1) of Clause 23 or clause 24 or without an assurance from the landlord that the premises are being permitted to be occupied in accordance with sub-cl. (2) of Clause 23. To this petition, respondent 4 Smt. Usha Rani N. Sharma was also impleaded as a respondent but after having once appeared through advocate, she did not prefer to remain present along with her counsel and the House allotment Officer proceeded against her ex parte. In the application made by Shri S. P. Pathak, Ist respondent on December 7, 1976. it was in terms stated that the appellant Shri Mansaram Sharma was a Government servant employed in the telephone department at Nagpur and the appellant has now retired from service and therefore, is not entitled to retain the demised premises. It was further alleged that the former owner of the premises Shri Basantrai Sharma has died. The premises have been inherited by respondent 4, Smt. Usha Rani N. Sharma and she and the tenant Mansaram Sharma have conspired together and are violating the provision of law by letting Shri Mansaram Sharma to continue to live in the premises. It was further alleged that the Appellant Shri S. P. Pathak was badly in need of premises and therefore, the premises may be allotted to him.

(2.) Appellant Shri Mansaram Sharma appeared and filed a written statement inter alia contending that he occupied the premises on the assurance given by the then landlord Shri Basantrai Sharma that the house is being permitted to be occupied in accordance with sub-clause (2) of clause 23. It was further contended that in a proceeding under the Rent Control Order, the late Shri Basantrai Sharma, the deceased landlord, had sought possession of the premises on the ground of bona fide personal requirement but he had lost the same. It was further alleged that Shri S. P. Pathak is a near relation of Shri Basantrai Sharma and that he has been put forward by Smt. Usha Rani N. Sharma for seeking a collusive order. It was further alleged that it is incorrect to say that he occupied the house under any allotment order. It was further stated that since his retirement in July, 1967, he has been accepted as tenant and therefore, no proceeding can be taken against him under Clause 28 of the Rent Control Order for alleged contravention of clause 22.

(3.) The House Allotment Officer held that Shri Basantrai Sharma let out the premises to the appellant in the year 1954 in contravention of clause 22 (1) (b) of the Rent Control Order and the appellant occupied the premises in contravention of clause 22 (2) of the Rent Control Order and therefore, he was liable to be evicted under clause 28. It was further held that the appellant has occupied the premises when he was holding an office of profit under the Union of India and, now that he has retired, he is not entitled to continue in the premises and therefore, also he is liable to be evicted. Accordingly, the House Allotment Officer by his order dated November 2, 1977, gave a direction to the appellant to vacate the premises within a fortnight from the communication of the order and deliver the possession of the premises to Smt. Usha Rani N. Sharma failing which action will be taken under clause 28 (1) of the Rent Control Order.