KRISHNA DEVI Vs. RENT CONTROL AND EVICTION OFFICER

JUDGEMENT

(1.) BY the present writ petition the Petitioner has challenged the order dated 7.1.2002 passed by the R.C. & E.O. declaring the vacancy in respect of the premises No. 23/1 old and 25 New Paltan Bazar, Dehradun. The premise consists of one room on the ground floor, covered verandah, latrine and bathroom, which is in occupation of the Petitioner Smt. Krishna Devi.

(2.) THE brief facts giving rise to the present writ petition are that one Sri Tula Ram the father of the Respondent No. 2 namely Sri Rajesh Kumar and Sri Ram Kumar the husband of the Petitioner were real brothers. They were carrying on business in a shop situated at 23/1, Paltan Bazar, Dehradun under the name and style of Bankey Lal & Sons and in the back of side there was residential accommodation consisting of one room, covered verandah, latrine and bathroom where Sri Ram Kumar alongwith his family members were residing. The Petitioner has stated that her husband Sri Ram Kumar expired on 13th February, 1977 and she is continuously residing therein. Before the death of Sri Ram Kumar it was alleged that the shop was taken on rent by both the brothers jointly and Sri Tula Ram the elder brother of Sri Ram Kumar was the head of the family. After the death of Sri Ram Kumar the said shop was purchased by Sri Tula Ram on 30.4.1997. After getting the sale deed an application was moved under Section 16(1) of U.P. Act No. 13 of 1972 on the ground that the Petitioner was in unauthorized occupation of the portion of the residential premises and has also sought the release of the accommodation.

(3.) HEARD the learned Counsel for the Petitioner Sri V.K. Kohli as well as the counsel for the Respondent Sri R. Dobhal at great length.