PANNA LAL JAIN Vs. MEMO DEVI

JUDGEMENT

(1.) This revision petition as well as Civil Revision No. 604 of 1980 (Panna Lal Jain v. Sunder Lal) raise common questions of law and facts and would be disposed of by this common judgment.

(2.) Panna Lal Jain, the petitioner, is owner of a three-storeyed house, bearing No. 431 I, Gali Bhaironwali, Nai Sarak, Delhi. The extent of the accommodation in the said house is shown in the site plan Exhibit A-14. On the ground floor there were three tenants. Memo Devi, Mahabir Pershad and Sunder Lal. Memo Devi was in occupation of a Kotha, store room, Dalan and some space under the staircase shown as red in the site plan. Sunder Lal was in possession of a Kotha and Dalan while Mahabir Pershad was in occupation of one Dalan only. On the first floor there was only one tenant, Ram Kishan Gupta. His tenancy premises consisted of a room, two Kothas, Dalan, kitchen, shown as red in the plan Exhibit A. 14. Mela Rem was in occupation of a room, store and kitchen on the second floor of the house.

(3.) The petitioner was working as a stenographer in the office of the Comptroller and Auditor General of India and was admittedly in occupation of a residential accommodation i.e.Qr. No. 18/94 Ibbetson Road, New Delhi, allotted to him. by the Central Government. On September 9, 1975 the Government of India, Ministry of Works and Housing, Directorate of Estate, New Delhi, issued a memorandum (copy Exhibit A-3) requiring, inter alia, that the Government servants who own houses either in their own names or in the names of any members of their families shall be required to vacate the Government accommodation allotted to them within three months from October 1, 1975. If they did not vacate Government accommodation by that period they would be charged licence fee at the market rate. Pursuant to this office memorandum the petitioner admittedly vacated the said Government accommodation on January 6, 1976.