RAM MILAN ALIAS CHANDU MILAN Vs. ADDL. CITY MAGISTRATE (V)/RENT CONTROL & EVICTION OFFICER AND ANOTHER

JUDGEMENT

(1.) This petition has been preferred against the order dated 05.03.2013 passed by Learned Rent Control and Eviction Officer by which vacancy has been declared in the disputed premises. The petitioner has challenged it on the grounds, inter alia, that he was inducted as tenant in the year 1983 by the previous landlords Satish Chandra Agarwal and Jagdish Chandra Agarwal. Opposite party No. 2 has purchased the said property by way of registered sale deed dated 30.05.2009. But he did not intimate to the petitioner about the change of title. After purchase of the property, O.P. No. 2 filed release application under Sec. 16 (1) (b) of U.P. Act No. 13 of 1972 on 26.11.2011 on the ground that Khaderu was the tenant and hence there is deemed vacancy under Sec. 12 of U.P. Act No. 13 of 1972. The petitioner filed suit for permanent injunction against Opposite party No. 2 and previous owners who have attempted to dis-possess the petitioner illegally in which an interim relief was granted to the petitioner. The petitioner is bona fide tenant and the release application has been filed on false grounds and there is no deemed vacancy. The declaration of vacancy is absolutely illegal.

(2.) I have heard learned counsel for both the parties at length and gone through the records.

(3.) Reliance was placed on the law laid down by this Court in Smt. Reeta Singh @ Madhvi Singh & Anr. Vs. Rajendra Sharma & Ors. With Anand Ji Arya vs. Rajendra Sharma & Ors., 2012 (3) JCLR 417 (All) , in which it has been held, as under:-