SATYA NARAIN Vs. RENT CONTROL AND EVICTION OFFICER

JUDGEMENT

(1.) HEARD learned counsel for the parties and also perused the record. By means of this petition filed under Article 226 of the Constitution of India petitioner challenges the validity of the order dated 2.5.2000 whereby the Rent Control & Eviction Officer held that the provisions of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972), for short the Act, were applicable to the building in question and the order dated 11.9.2000 whereby the house in dispute was declared vacant.

(2.) IT appears that proceedings under Sections 12 and 16 of the Act were initiated on the basis of an application filed by respondent No. 3. The Rent Control Inspector on the basis of the order passed by respondent No. 1 made local inspection and submitted his report to the effect that the petitioner was in unauthorised occupation of the building and the same was liable to be declared vacant. Against the said report, objection was filed by the petitioner. Question arose as to whether provisions of the Act were applicable over the building in question or not. After hearing the parties, respondent No. 1 held that the provisions of the Act were applicable to the building in question by judgment and order dated 2.5.2000. It has been stated that the petitioner also filed Original Suit No. 575 of 1999 for permanent injunction against respondent No. 2 restraining him from interfering in his possession over the house in dispute. In the said suit, an ad -interim injunction is also alleged to have been granted by the Civil Court. The Rent Control & Eviction Officer thereafter considered the question as to whether the house in dispute was liable to be declared as vacant. After hearing counsel for the parties and after perusing the material on the record, the respondent No. 1 by judgment and order dated 11.9.2000 declared the house in dispute as vacant. Hence, the present petition.

(3.) I have considered the submissions made by learned counsel for the parties.