JAGJEET SAGAR Vs. IST ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) :-

(2.) THESE are two connected petitions under Article 226 of the Constitution of India arising out of a proceeding in respect of an allotment of a shop no. 128 Gandhi Road, Khurja, District Bulandshahr. One Laxman Das was originally the tenant of the said shop. The owners and the landlords of the premises are Mohammad Ahmad and Mohammad Umar. They filed a suit for ejectment against Laxman Das. A decree was passed against Laxman Das which was maintained upto the Hon'ble High Court. On 22nd August, 1977 Mohammad Ahmad and Mohammad Umar got possession of the said shop from Laxman Das. The case of the landlord is that thereaftar they intimated to the District Magistrate about the vacancy on 27th August, 1977. Prior to this date, on 11th August, 1977, Dr. Bashiruddin had filed an application for allotment. On 29th August, 1977, Jagjeet Sagar also filed an application for allotment in his favour. Ultimately, on 3rd October, 1978 the premises were allotted by the Rent Control and Eviction Officer in favour of Jagjeet Sagar. Against the decision of allotment dated 3rd October, 1978, two revisions were filed in the court of the District Judge, Bulandshahr-one by Dr. Bashiruddin and the other by the owner-landlords namely, Mohammad Ahmad and Mohammad Umar. Both these revisions were allowed and the allotment order in favour of Jagjeet Sagar was set aside and the case was remanded to the Rent Control and Eviction Officer for decision afresh by judgment dated 1st August, 1979 passed by the 1st Additional District Judge, Bulandshahr. Writ Petition No. 7222 of 1979 has been filed by Jagjeet Sagar against the order dated 1st August, 1979 while Dr. Bashiruddin has filed Writ Petition No. 9758 of 1979 against the same order. Both these petitions, having arisen against the same order, have been connected and had been decided by one judgment.

(3.) SECTION 17 of the U. P. (R. L. Rent and Eviction) Act (Act No. XIII of 1972), hereinafter referred to as Act, runs as follows ;-