LAWS(ALL)-1982-4-97

SMT. KAMLA DEVI Vs. THE RENT CONTROL AND EVICTION OFFICER/ADDL. DISTT. MAGISTRATE (FINANCE AND REVENUE) AND ANOTHER

Decided On April 13, 1982
Smt. Kamla Devi Appellant
V/S
The Rent Control And Eviction Officer/Addl. Distt. Magistrate (Finance And Revenue) And Another Respondents

JUDGEMENT

(1.) THE petitioner has challenged the order dated 18 -7 -1988 passed by the Rent Control and Eviction Officer, Jhansi by which he has declared premises No. 144 Mohalla Chandhariana as vacant. Parties have exchanged affidavits and therefore, the writ petition is being disposed of finally at the admission stage. One Nand Kishore Tiwari was tenant of house No. 144 Moh. Chaudhariana of which Radhey Shyam, respondent No. 2, is the owner -landlord. Nand Kishore Tiwari died in 1984 leaving behind two daughters, namely Smt. Sharda Devi and the petitioner Smt. Kamla Devi. His wife had predeceased him in June, 1983, and he had no son. The landlord moved a release application under Section 16(1)(b) of U.P. Act No. 13 of 1972 on the ground that after the death of Nand Kishore the premises had fallen vacant. This application was opposed by the petitioner Smt. Kamla Devi on the ground that she being the daughter of the erstwhile tenant would be deemed to be the tenant of the premises in dispute and there was no vacancy. The Rent Control and Eviction Officer held that as she was not normally residing with Nand Kishore Tiwari at the time of his death she was not "tenant" of the premises as defined in Section 3(a)(1) of the Act and, therefore, the premises had fallen vacant.

(2.) LEARNED counsel for the petitioner has contended that the finding of the Rent Control and Eviction Officer that the petitioner was not normally residing with Nand Kishore is perverse and is liable to be set aside. Learned counsel for respondent No. 2 has, however, submitted that there is ample evidence on record to show that the petitioner was not residing with her father at the time of his death.

(3.) IN my opinion the Rent Control and Eviction Officer has properly considered the evidence on record and has correctly held that the petitioner was not residing along with her father Nand Kishore at the time of his death and, therefore, she would not be a tenant and a vacancy would occur.