INDERJIT SALUJA Vs. SUB DIVISIONAL MAGISTRATE/RENT CONTROL AND EVICTION OFFICER, ROORKEE, HARIDWAR AND OTHERS

JUDGEMENT

(1.) By the impugned order dated 17.5.1994 the vacancy has been declared. The petitioner has challenged the said order of vacancy by way of the present writ petition.

(2.) Briefly stated the facts of the case are that the dispute relates to a shop situated on a ground floor bearing Municipal No. 34/1 Mohalla Sot, Kabari Bazar, Tehsil Roorkee, District Hardwar. The petitioner has submitted that he is in occupation of the premises and previously the shop was in the tenancy of Mela Ram, maternal grand father of the petitioner and since he was not having any male issue and was living as a family member, and therefore, Mela Ram has executed a will in favour of the petitioner on 11.11.1970.

(3.) The proceedings for vacancy were started under Sec. 16 (1) of U.P. Act No. 13 of 1972. The Rent Control Inspector was deputed to inspect the premises. The Rent Control and Eviction Officer thereafter after hearing the parties has declared the vacancy on the ground that the original tenant has no right to execute a will.