LAWS(ALL)-2011-9-60

SHEELA DEVI Vs. PATANJALI MOCATE

Decided On September 22, 2011
SHEELA DEVI Appellant
V/S
PATANJALI MOCATE Respondents

JUDGEMENT

(1.) This writ petition has been filed against the order dated 13.8.2009 passed by Additional District Judge/Special Judge (Anti Corruption), Varanasi in Revision No. 46 of 2005 Smt. Sheela Devi v. Patanjali Mocate and others upholding the orders dated 16.12.2004 and 30.4.2005 passed by the Rent Control and Eviction Officer (in short "RCEO") in Case No. 96 of 2001 whereby vacancy of the disputed premises was declared and release order was passed in favour of the Respondent No. 2 under Section 16 (1)(b) of UP Act No. 13 of 1972 (in short "Act").

(2.) Brief facts of the case are as follows;

(3.) The Respondent No. 2 is a owner and landlord of the disputed premises. The Respondent No. 2 moved an application before the concerned authority under Section 16 (1)(b) read with Section 12 of UP Act No. 13 of 1972. The case was registered as Case No. 96 of 2001 before the RCEO. The matter was contested by the parties and by order dated 16.12.2004 vacancy of the disputed premises was declared by the RCEO. Thereafter, by order dated 30.4.2005 the disputed premises was released under Section 16(1)(b) of the Act by the RCEO in favour of the landlords. Being aggrieved and dissatisfied with said orders, a Revision No. 46 of 2005 was filed under Section 18 of the Act and the said revision was dismissed by order dated 13.8.2009. Hence, the writ petition.