NAND LAL LURKOO Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition relates to a matter arising under the U. P. (Tem porary) Control of Rent and Eviction Act. 1947 (hereinafter referred to as the Act).

(2.) THERE is a shop in Ratia Bazar, Brindaban of district Mathura bearing No. 1162 B, which has been given the new No. 494. The petitioner made an applica tion to the Rent Control and Eviction Officer, Mathura. giving out that the said shop was in the tenancy of one Krishna Gopal who vacated it and left Brindaban to settle at Bombay and carry on busi ness there. He prayed for allotment of that shop to him, giving put that Dau Dayal (impleaded as opposite party No. 3 to the writ petition) had illegally taken possession of that shop. It is not in dis pute that Dau Dayal is the own brother of Krishna Gopal. The Rent Control and Eviction Officer held after enquiry, and by means of an order of which copy is Annexure E to the writ petition, that the shop was not vacated or vacant. His find ing was that the shop was in the tenancy of Moti Lal. father of Krishna Gopal and Dau Dayal, and after Moti Lai's death both Krishna Gopal and Dau Dayal be came its tenants. So according to him even if Krishna Gopal left Brindaban and went to Bombay. Dau Dayal continu ing to be its tenant. Thus holding that the shop could not be declared vacant the application for its allotment was dis missed.

(3.) IN the writ petition a prayer has been made for quashing the order of the Rent Control and Eviction Officer and the two orders of the Sate Govern ment. In regard to the order of the State Government the ground advanced for quashing it is that revision did lie and the State Government failed to ex ercise the jurisdiction vested in it.