SAIDA BANO Vs. VII ADDITIONAL DISTRICT JUDGE GORAKHPUR

JUDGEMENT

(1.) Heard Sri Arun Kumar, learned counsel for the petitioner and learned Standing Counsel for the respondent Nos. 1 and 3. The list has been revised but none has appeared on behalf of respondent No. 2 though names of Sri Abhishek Srivastava and Shashi Nandan Advocates are shown as counsel for the respondents in the cause list. The writ petition is directed against the allotment order dated 14.4.1983 (Annexure 11 the writ petition) passed by Respondent No. 3, Rent Control and Eviction Officer, Gorakhpur (hereinafter referred as to "R.C.E.O.") and the revisional order dated 18.1.1985 passed by VIIth Additional District Judge, Gorakhpur dismissing revision of the petitioner landlord.

(2.) It appears that the premises in dispute namely House No. 8(8/1) Mohalla Bulaqipur, Gorakhpur was earlier in tenancy of one Abdul Halim Khan. The petitioner, Smt. Saida Bano filed suit No. 7 of 1981 against Abdul Halim Khan for ejectment and recovery of arrears of rent and damages for use and occupation. The suit was decreed on 29.7.1982. He (erstwhile tenant Abdul Halim Khan) came to this Court in Civil Revision No. 581 of 1982 wherein an interim order was passed on 12.10.1982 restraining his ejectment from the premises in dispute subject to deposit of decreetal amount within a period of one month and to continue to pay current monthly damages by 15th of every month. Ultimately, the said revision was dismissed on 23.9.1985.

(3.) In the meantime, it appears, that, respondent No. 2 moved an application before R.C.E.O. for allotment of the house in dispute whereafter he (R.C.E.O.) directed for inspection. The Inspector submitted report on 25.3.1983 whereupon R.C.E.O. declared vacancy and ultimately allotted the building in dispute to respondent No. 2 by order dated 14.4.1982.