DAVESH NAGALYA Vs. DISTRICT JUDGE, DEHRADUN

JUDGEMENT

(1.) THE Petitioners have filed the present writ petition to issue a writ of certiorari to quash the orders dated 12 -12 -1983 passed by the District Judge Dehradun and the order dated 18 -11 -1982 passed by Prescribed Authority Dehradun and the order of allotment dated 25 -11 -1982. By the order dated 18 -11 -1982, the Rent Control and Eviction Officer, Dehradun (for short R.C. & E.O.) permitted the Respondent Nos. 3 and 4 to enter into partnership for the purpose of carrying on business in the disputed accommodation. By the order dated 25 -11 -1982, the R.C. and E.O. had allotted the disputed shop in favour of the said partnership. By the judgment and order dated 12 -12 -1983, the District Judgehas dismissed the two revisions which were filed by the Petitioners against the said orders dated 18 -11 -1983 and dated 25 -11 -1982.

(2.) RELEVANT facts giving rise to the present writ petition in brief are that according to the Petitioners, they are the landlords of the accommodation in dispute being the successors of the original landlord Suraj Prakash Nagalya. The shop in dispute was originally let out to Tika Ram, who was running the business of selling Gur, etc. on retail and after his death, the tenancy developed on his legal heirs Brij Mohan Gupta, G.K. Gupta, Vinod Kumar, Pradeep Kumar, Madhu Agarwal, Usha, Sabitaand Seemaand the business was carried on by them. On 5 -7 -1982, a Partnership Deed was executed between Pradeep Kumar and one Subhash Chand. By the partnership deed, instead of the business of retail sale of Gur, etc., the manufacturing process of preparation and selling of dairy products was inducted into business.

(3.) AGGRIEVED by the order dated 25 -11 -1982, the legal heirs of deceased landlord Suraj Prakash Nagalya including the Petitioner preferred separate revisions against the order dated 18 -11 -1982 and 25 -11 -1982 passed by the Prescribed Authority before the District Judge Dehradun, which were registered as Rent Control Revision Nos. 294 of 1982 and 299 of 1982. The learned revisional court heard both the revisions together and decided them by a common order dated 22 -12 -1983.