ANISHA BEGUM (SMT.) Vs. IMARTI DEVI AND ANOTHER

JUDGEMENT

(1.) Petitioner's possession over the property in dispute which is within the ambit of U.P. Act No. 13 of 1972 has been found to be unauthorized and illegal, i.e., without any letter of allotment. Besides, the Rent Control and Eviction Officer has found that premises in dispute was already released in favour of landlord long back and repeatedly thereafter orders have been passed but possession thereof has not been possibly handed over to landlord on account of various mischievous acts of the persons in possession of property in dispute unauthorizedly. It is in these circumstances, the impugned order dated 29.09.2012 has been passed by Rent Control and Eviction Officer, Agra.

(2.) Learned counsel for the petitioner submitted that petitioner is in possession of property in question since 1985 or in any case since 1990 but no document or receipt paying rent to landlord in such period has been adduced before this Court to support her contention. Even this has not been done before the authorities below. Moreover, property having been already released in favour of landlord on 21.12.1981 and thereafter on various occasions, it cannot be said that the same could have been occupied by tenant without any authority and letter of allotment. It has also not been pleaded by petitioner that she came into possession of property in question with consent of landlord.

(3.) No error apparent on the face of record is found. Dismissed. Petition dismissed.