VIJAY KUMAR Vs. ADDITIONAL DISTRICT JUDGE NAINITAL

JUDGEMENT

(1.) This writ petition is directed against the order of the respondent No. 1 dated 8.5.1985 whereby the disputed shop was held to be vacant.

(2.) The factual matrix of the case is that one Radhey Shyam was owner of the shop of which Ram Mohan was a tenant. Ram Mohan died on 13.9.1965 leaving behind him five sons, four daughters and his widow as his heirs and legal representatives. Dhruv Narayan. petitioner No. 2 is one of his sons and Smt. Sharda Devi is one of his daughters. Vijay Kuinar, petitioner No. 1 is husband of Smt. Sharda Devi. Radhey Shyam, the landlord filed Suit No. 454 of 1966 against the heirs of Ram Mohan for recovery of arrears of rent, ejectment and damages with the allegations that after the death of Ram Mohan. his heirs became tenants of the disputed shop. They have sublet it to Vijay Kumar. husband of Smt. Sharda Devi. the daughter of the tenant. The defendants contested the suit. The trial court framed an issue as to whether defendants had sublet the premises in suit to Vijay Kumar. The trial court, on consideration of material evidence on record, came to the conclusion that the shop was not sublet to Vijay Kumar by the defendants. On these findings, the suit was dismissed on 13.12.1968.

(3.) One Hariraj Saran filed an application for allotment of the shop in question on the allegations that Vijay Kumar was in its occupation. This application was rejected by the Rent Control and Eviction Officer on 26.5.1966 holding that Vijay Kumar has been working in partnership with Dhruv Narayan son of Ram Mohan and there was no vacancy and the application was rejected by his order on 26.5.1966. Radhey Shyam, the owner of the property sold the disputed shop to Om Prakash Saraswat, respondent No. 2 by registered sale deed on 16.6.1972. After the purchase of the property, he filed an application against the heirs of Ram Mohan on the allegations that he requires the shop to establish his sons in business. This application was rejected by the Prescribed Authority on 13.3,1977. He filed an appeal against this order. The appeal was also dismissed. He further filed Writ Petition No. 1560 of 1977 in this Court which was dismissed on 2.11.1979.