ABRAR AHMAD Vs. RENT CONTROL AND EVICTION OFFICER

JUDGEMENT

(1.) This writ petition was dismissed on 3.5.2005 for non-prosecution as no one had appeared for either of the parties. Thereafter restoration application was filed. On 15.5.2013 arguments on the restoration application as well as merit of the writ petition were heard and judgment was reserved. By order of date restoration application has been allowed through order passed thereupon.

(2.) This is tenant's writ petition directed against vacancy declaration order under Section 12 of U.P. Urban Building Regulation of Letting Rent and Eviction Act 1972 hereinafter referred to as U.P. Act No.13 of 1972. The vacancy declaration order was passed by R.C.&E.O., Allahabad on 27.10.1986 in Case No.113 of 1985 relating to House No.265 First floor situate at chak Allahabad. The order was passed on the application of Mohd. Mehandi Mutawalli of Wakf Alul Aulad respondent no.3. Through the application release of the property in dispute under Section 16 of U.P. Act No.13 of 1972 had been sought on the ground of landlord's bonafide need. It was also stated that it was vacant for the reason that the tenant Abrar Ahmad had constructed his house bearing no.160A/2 Mohalla Garhi Kalan, Allahabad and as the tenant Abrar Ahmad was railway employee and a quarter in the railway colony bearing no. 494 F had also been allotted to him.

(3.) Abrar Ahmad pleaded that the house which he had constructed at Garhi Kalan was not residential and in the said house he was running a school by the name of New Indian Nursery English School.