JAI KUMAR MISHRA Vs. SWETA MALHOTRA

JUDGEMENT

(1.) Heard Sri P.K. Jain, learned Senior Advocate assisted by Sri Amitabh Agrawal, Advocate for petitioner in Writ Petition No. 35118 of 2005 (hereinafter referred to as the "First Petition"); Sri Shamim Ahmad, Advocate for petitioner in Writ Petition No. 47924 of 2005 (hereinafter referred to as the "Second Petition"); and, Sri Atul Dayal, Advocate of petitioner in Writ Petition No. 42865 of 2005 (hereinafter referred to as the "Third Petition"). Sri Kshitij Shailendra, Advocate has put in appearance on behalf of respondents no. 1 (the main contesting respondent) in all the writ petitions.

(2.) The dispute relates to shop No. 20, which is a two tier shop having one Chabutara in its front. It forms part of a building known as Mishra Building, bearing Municipal No. 7/16/5 situate at Station Road, Moradabad.

(3.) The petitioner, in First Petition, claims to be the landlord of building in dispute. It was in the tenancy of Nagar Nigam, Moradabad, running Octroi office and after abolition of Octroi, for other administrative works. Sri Vikram Malhotra, husband of respondent no. 1 and some others moved allotment application claiming that disputed accommodation is vacant but those applications were rejected by Rent Control and Eviction Officer, Moradabad (hereinafter referred to as the "RCEO") on 05.04.1999 mentioning that Nagar Nigam, Moradabad, the sitting tenant in the accommodation in dispute, have stake their claim stating that they are continuously occupying disputed accommodation and it is in their tenancy, hence there is no vacancy.