RAJEEV VARSHNEY Vs. RENT CONTROL EVICTION

JUDGEMENT

(1.) Heard Sri Rahul Sahai, learned counsel for the petitioner and Sri S.C.Pandy and Sri Lal Ji Tripathi, Advocates for respondent No. 2. The writ petition is directed against the order dated 21th July, 1998 passed by Rent Control and Eviction Officer/City Magistrate, Mathura (hereinafter referred to as "RCEO") rejecting petitioner's application dated 10th September, 1995 and holding that there is no vacancy in the premises in dispute.

(2.) The dispute relates to House No. 333 Dampier Nagar, Mathura (hereinafter referred to as "disputed accommodation). It is admittedly a residential building. It was under the tenancy of Mrs. Elsie Verma and Dr. Shyamvir Singh Verma. Earlier it was owned by Dr. Sundar Swaroop Bhatnagar and Mahendra Swaroop Bhatnagar. The property was succeeded by legal heirs of aforesaid erstwhile two owners and therefrom it was purchased by Rajeev Varshney (petitioner) alongwith his brother S.K. Varshney vide sale-deed dated 29th May, 1986.

(3.) Alleging that tenants Mrs. Elsie Verma and her husband Dr. Shyamvir Singh Verma have shifted to Germany long back and the premises is unauthorizedly occupied by one Ramesh Babu Singh and therefore, there has caused a vacancy in the disputed accommodation, an application was filed by petitioner on 11th September, 1995 to declare the disputed accommodation "deemed vacant" under Section 12 of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (hereinafter referred to as "Act, 1972"). The petitioner also filed an affidavit in support of his claim.