SAVITRI DEVI Vs. IIND ADDITIONAL DISTRICT JUDGE GORAKHPUR

JUDGEMENT

(1.) :-

(2.) THIS petition is directed against the order of the Rent Control and Eviction Officer, Gorakhpur, dated 16th November, 1978, rejecting the petitioner's application for release of the building in her favour and allotting the premises to respondent no. 3, Rup Narain Singh, and also against the order of the Additional District Judge, Gorakhpur dated July 17, 1979 dismissing the petitioner's revision.

(3.) LEARNED counsel urged that the vacancy was not determined in accordance with law inasmuch as rule 8 (2) was not followed as the Rent Control Inspector did not give any intimation to the petitioner about his local inspection. This question involves investigation of fact. The petitioner never raised this question before the courts below. In the circumstances, it is not open to the petitioner to raise this question for the first time in the present proceedings.