ANIL KALRA Vs. J.D. PANDEY AND ORS.

JUDGEMENT

(1.) The dispute in the present matter pertains to a hundred year old building, which is covered under Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short UP Act 13 of 1972"). Section 13 of said Act placed restriction on landlord, tenant and also on any other person from occupying the building in any capacity, without there being an order of release in favour of landlord, or order of allotment in case of tenant. The building in question is known as 7, Dalibagh situated in Lucknow. Originally said property was owned by a Barrister Mohammad Wasim and on his migration to Pakistan, vested with the Custodian of Evacuee Property, and thereafter settled in favour of Rai Bahadur Lakshman Das, a displaced person. But it appears that physical possession could not be delivered to the allottee as the building was in occupation of several tenants. It is pleaded that the appellant Anil Kalra, along with his brother, sister and two others, has stepped into the shoes of the landlords through Dr. Mulk Raj, Dwarika Das and Banarasi Das, heirs of Rai Bahadur Lakshman Das by way of sale deeds executed in the years 1982-1983. It is alleged by the appellant that after the tenants vacated the premises, an application was moved under Section 16(1)(b) of UP Act 13 of 1972 for release of the building for demolition and reconstruction before the Competent Authority (authorized Additional District Magistrate).

(2.) The Competent Authority called for a report from Rent Control Inspector, who inspected the spot and reported on 14.11.1984 that the Office of Cane Commissioner (tenant on the part of the building) was in the midst of vacating the same. He further reported that as per information received, Respondent No. 2 Mrigendra Pandey and Respondent No. 3 Nripendra Pandey (both sons of Dr. J.D. Pandey), under the banner of M/s. Swargiya Sanjay Gandhi Sahkari Avas Samiti Ltd,, after breaking open the locks, had unauthorizedly occupied the building. It was further reported by the Rent Control Inspector that the Deputy Cane Commissioner had apprehended that the part vacated by him was also likely to be occupied by said society, and a First Information Report was lodged to that effect and the District Magistrate, Lucknow, was also informed about it. With the above information, the Rent Control Inspector recommended that deemed vacancy be declared in respect of the building under Section 12(1)(b) of UP Act 13 of 1972, and further reported that there was a case in favour of the landlord-appellant for getting released the building for the purpose of demolition and reconstruction. (Co-landlords also joined Anil Kalra by moving separate application before the Competent Authority (Additional District Magistrate, City, Lucknow). On perusal of the report of the Rent Control Inspector and after inviting objections of concerned parties, vacancy was declared. Thereafter, vide order dated 30.12.1986 (on application dated 25.2.1986), the Competent Authority issued the order for release of the building under Section 16(1)(b) of UP Act 13 of 1972 in favour of the appellant and co-landlords. When after issuance of Form-C unauthorized occupants failed to vacate the building, Form-D was issued.

(3.) The unauthorized occupants filed a review petition before the Competent Authority (Additional District Magistrate, City), but the same was dismissed with the finding that the occupants were transferees from Swargiya Sanjay Gandhi Sahkari Avas Samiti Ltd., which has no title or authority to occupy the building. On this a Rent Revision was filed by respondent Nos. 1 to 3 (Dr. J.D. Pandey and his two sons Mrigendra Pandey and Nripendra Pandey, both advocates).