MOHD MUSHIR ALAM Vs. SHIV CHARAN BHARTI

JUDGEMENT

(1.) THE present writ petition under Articles 226 and 227 of the Constitution of india is directed against order dated 7th February, 2008 passed by the competent authority under Section 19 of the Slum Areas (Improvement and clearance) Act, 1956.

(2.) THE petitioner herein, Mohd. Mushir Alam, claims that he is a tenant of the respondent No. 1, Mr. Shiv Charan Bharti, in respect of one shop forming part of property No. BB-271, Gali No. 3, Ashoka Basti, Nabi Karim, Paharganj, New delhi on a monthly rent of R. 300/ -. The respondent No. 1, on the other hand, claims that the property was rented out to one Mr. Abdul Hannan, the respondent No. 2, on a monthly rent of Rs. 2,500/- and he has vacated the property and sublet the same to the petitioner.

(3.) THE petitioner herein has not challenged and questioned the permission granted to the respondent No. 1 under Section 19 (4) of the Act. The petitioner herein has questioned findings recorded in the impugned order by the competent authority to the effect that the respondent No. 2 is a tenant of the respondent no. 1 and it is submitted that the findings recorded are beyond the jurisdiction and the scope of the Act and are also contradictory.