NITIN KUMAR JAIN Vs. DISTRICT JUDGE MAINPURI

JUDGEMENT

(1.) This writ petition is directed against the allotment order dated 19.9.1998 passed by Rent Control and Eviction Officer, Mainpuri, respondent No. 2, and the order for delivery of possession passed in pursuance to the said allotment order.

(2.) The factual matrix of the case is that the shop in question belongs to one Nem Kumar Jain. He died leaving behind him four sons and four daughters. Deependra Kumar Jain is one of his sons and the petitioners are his sons. They alleged that their grandfather, Nem Kumar Jain, had executed a Will in their favour on 17.10.1998 and, therefore, they were owners of the shop in question. The petitioners' version is that they were carrying on business of soaps, biscuits, etc. under the name and style of M/s. Raja Enterprises since the year, 1989 in the disputed shop. Petitioner No. 2, Vineet Kumar Jain, was carrying on business of manufacturing cooler body under the name and style of M/s. V.K. Industries from the shop in question. It was registered with the Industry Department as small-scale industry w.e.f. 13.3.1992.

(3.) Respondent No. 3 filed an application for allotment of the disputed shop on 24.6.1994 before the Rent Control and Eviction Officer with the allegations that one Anil Kumar was the tenant of the disputed shop and he vacated it. In the application, he had shown the name of Sri Deependra Kumar Jain, father of the petitioners, as owner of the property. The Rent Control and Eviction Officer directed the Rent Control Inspector to submit a report. The Inspector submitted a report on 3.7.1994 stating that he found that the shop was locked. He was informed by two witnesses, namely, Keshav Ji Agrawal and Bishan Lal that one Anil Kumar Jain was the tenant but he was not occupying for the last 6 months and he had left no goods in the shop, and that it was locked by Deependra Kumar Jain, the owner of the property.