GOPAL DAS (SINCE DECEASED AND SUBSTITUTED BY LEGAL HEIRS) Vs. THE CITY MAGISTRATE/RENT CONTROL AND EVICTION OFFICER AND ORS.

JUDGEMENT

(1.) Heard Smt. Rama Goel, Advocate, for petitioner and Sri S.K. Srivastava, Advocate, for respondent no. 2 in Writ - A No. 15391 of 2003 (hereinafter referred to as "First Petition) and Sri S.K. Srivastava, Advocate, for petitioner, and Smt. Rama Goel, Advocate, for respondents in Writ - A No. 1250 of 2007 (hereinafter referred to as "Second Petition).

(2.) Petitioner in First Petition, claiming to be an occupant of the accommodation in dispute, namely, a shop owned by Sri Ram Mukhi Devi, respondent no. 2, is aggrieved by order dated 28.3.2003 whereby Rent Control and Eviction Officer, Mathura (hereinafter referred to as "RCEO") has held occupation of petitioner of the shop in dispute illegal and unauthorized, and, consequently, has declared vacancy therein. He has further directed for notification of vacancy so as to proceed for allotment thereof in accordance with provision of U.P. Urban Buildings 2 (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972").

(3.) Second Petition has been filed by landlord, Smt. Ram Mukhi Devi, aggrieved by order dated 15.11.2003 passed by RCEO allotting shop in dispute to respondent no. 1, in Second Petition.