RADHA Vs. ANIL KUMAR

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) The petitioner claims that she is residing in premises in dispute situated on the first floor of house no. 232 Patel Ganj, Meerut which comprises of two rooms, Sehan, Bathroom and a Verandah along with a toilet on the second floor. The aforesaid accommodation was under the tenancy of Smt. Beena, the real sister of the petitioner. The case set up by the petitioner is that she was residing with her real sister Smt. Beena ever since 1979 who was tenant of the aforesaid accommodation. The tenant Smt. Beena left the premises in dispute and went to Rajasthan. Thereafter, the Rent Control and Eviction Officer/District Supply Officer, Meerut vide his order dated 25.7.2002 declared the premises to be vacant and allotted the same in favour of the petitioner vide order dated 8.8.2002 in case no. 26 of 2002 on monthly rent of Rs. 150/-.

(3.) The landlady Smt. Sunehri preferred Revision No. 66 of 2003 before the District Judge, Meerut challenging the validity and correctness of the order dated 8.8.2002. The revision was then transferred from the Court of District Judge, Meerut to Court no.1 of Additional District Judge, Meerut, and was dismissed vide order dated 18.5.2004. Aggrieved by this order dated 18.5.2004, Smt. Sunehari filed Civil Misc. Writ Petition No. 21763 of 2004 which was allowed exparte vide order dated 15.5.2006 by the High Court. The petitioner then filed a recall application and upon hearing the High Court confirmed its earlier order dated 15.5.2006 in the Writ Petition aforesaid.