CHANDRA MOHAN SAMA Vs. BANWARI LAL GHAI

JUDGEMENT

(1.) Heard counsel for the parties and perused the record. The petitioner claims himself to be tenant of house, F-48 Shanti Nagar, Kanpur Nagar since 1975 without there being any allotment order. It appears that respondent No. 2 moved an application for declaration of vacancy and for allotment on the ground that petitioner is an unauthorised occupant. Objections were filed by the petitioner and he also filed certain rent receipts.

(2.) The Prescribed authority vide its order dated 21.2.2005 held that petitioner occupied the property in 1975 and that there is no allotment order in his favour. The property was released in favour of the landlord vide order dated 28.12.2005. Revision filed by the petitioner has also been dismissed by order dated 10.4.2009 by the revisional court.

(3.) Contention of the counsel for petitioner is that even if finding of the Prescribed Authority is upheld that petitioner is an unauthorised occupant and he occupied the property in 1975, even then the proceedings were not maintainable after 21 years and were barred by period of limitation. It is on these grounds that this petition has been filed. No other point has been argued.