DHAN BAHADUR Vs. DISTRICT JUDGE DEHRADUN

JUDGEMENT

(1.) ADMITTEDLY, one Smt. Kalawati was the tenant of the premises in dispute. She was married to Jeet Singh, who expired in 1965 ; she died in the year 1987.

(2.) THE landlord-opposite party no. 3 filed an application under section 16 (1) (b) of U. P. Act XIII of 1972 before the Rent Control and Eviction Officer for release of the accommodation on the ground that after the death of the sitting tenant Smt. Kalawati, the accommodation had fallen vacant. Petitioner Dhan Bahadur was in illegal occupation of the same. Vacancy may be declared and after that the said accommodation may be released in his favour.

(3.) AFTER receiving the report from the Rent Control Inspector, the Rent Control and Eviction Officer issued notice to the petitioner. He filed his objection stating that Smt. Kalawati was his legally wedded wife. He was a joint tenant alongwith her and after her death he became the tenant of the accommodation. There was no vacancy. The application for release was not maintainable.