SHEHNAZ BEGUM Vs. BEENA STEPHEN

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to issue a writ or order to set aside / quash the impugned orders dated 20.08.2011 (contained as Annexure no. 9 to the writ petition) and 06.11.2017 (contained as Annexure no. 14 to the writ petition).

(2.) Facts giving rise to present writ petition are that in the year 1949, an allotment order was issued in the name of Mr. A.F. Buck by the then R.C.E.O. / D.S.O. Nainital, vide order dated 08.04.1949. The landlord of the disputed premise was Sri Param Shah. Mr. A.F. Buck expired in 1961 and thereafter his wife Mrs. C.E. Buck applied for regularization of allotment dated 08.04.1949 by moving an application dated 15.05.1963, stating therein that the Buck Preparatory School (here-in-after referred to as 'BPS') is running in the allotted premises for the last 12 years. The tenancy was regularized vide order dated 15.05.1963 by then R.C.E.O. / S.D.O., Nainital. Rent of allotted premises was deposited by BPS which was running therein. The preparatory school was being run by Mrs. C.E. Buck, wife of late A.F. Buck, as Principal / President of the school.

(3.) The landlord of the disputed premises received the rent from BPS. The rent was being continuously deposited by the school from the time of original allotment till the death of Smt. Leelawati on 29.05.1990 and nobody ever objected about the receiving of rent. The name of school finds place in assessment record of Nagar Palika Parishad, Nainital, as tenant. The tenancy of said school was established with the consent of landlord before issuance of regularization of tenancy order dated 15.05.1963. The order of regularization was never challenged by any landlord in their life time and it remains unchallenged. The regularization order has not been cancelled till now.