ZUBAIDA KHATOON Vs. RENT CONTROL AND EVICTION OFFICER

JUDGEMENT

(1.) THE order dated 30th June 1987 passed by the Rent Control and Eviction Officer, restoring the possession of the disputed premises to the former occupant/tenant, has been challenged in the present petition under Article 226 of the Constitution of India.

(2.) THE respondent no. 2 was the tenant of the disputed house on the basis of allotment order dated 7th August 1961. THE landlord made repeated attempts for the dispossession of the tenant. Firstly, an application under section 21 of the Act was filed for the release but the same was dismissed and thereafter appeal under section 22 of the U. P. Act no. 13 of 1972 was also dismissed by an order dated 7th September 1982. THE tenant apprehending the nefarious designs of the landlord obtained an injunction order dated 22nd December 1986 in Suit No. 221 of 1986 to restrain the landlord from interfering with the possession of the tenant and from demolishing the property in dispute. This order was confirmed by an order dated 20th December 1987.

(3.) THIS order has been challenged in the present petition on various grounds and it has been alleged that without setting aside the orders dated 6th May 1987 declaring the vacancy and the order dated 30th May 1987 releasing the accommodation in favour of the landlord, the order directing for the restoration of possession to the tenant is illegal, void and without jurisdiction. Moreover the Rent Control and Eviction Officer, has no power to recall the order or to review its own order.