ARUN KUMAR JOSEPH Vs. VICTOR SAMUEL MATHEWS

JUDGEMENT

(1.) Parties have been heard in detail.

(2.) By a specific order passed on 19.05.2011 in the first case of Arun Kumar Joseph, a learned Single Judge has referred two questions of law for determination by a Larger Bench in the light of apparent conflict between two sets of judgments passed by different Benches of learned Single Judges. The connected matters are to be governed by the answers to the issues under reference. The questions of law referred are as follows:-

(3.) Before scrutinizing the two sets of judgments and other relevant judgments on the aforesaid issues and the relevant provisions of U.P. Act No.13 of 1972, the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act'), the relevant facts of the first matter at hand may be noted in brief. Petitioner-Arun Kumar Joseph is undisputedly in occupation of the premises in question, since 1994. There is no allotment order in his favour and it is also not in dispute that the provisions of the Act are applicable to the premises in question. After purchasing the property from the earlier owner, the respondents filed a release application before the Rent Control and Eviction Officer sometimes in 2007 on the ground that the writ petitioner is an unauthorized occupant because there is no allotment order in his favour and as such there is a deemed vacancy under the Act and hence, the property be released in their favour on account of bona fide personal requirement. The writ petitioner contested the application under Section 16 (1) (b) of the Act and took a specific plea that since possession of the petitioner is for more than 12 years, therefore, he cannot be evicted nor vacancy can be declared. The Rent Control and Eviction Officer declared vacancy by order dated 28.8.2009 and release was ordered on 18.8.2010. Writ petitioner's revision application before the District Judge was also dismissed by the impugned order dated 26.04.2011.