MANI RAO Vs. ADDL. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THE writ petition arises out of proceeding under Rule 8 of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Rules, 1972 (in short the 'Rules' read with Section 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short the 'Act'). The dispute relates to ground floor accommodation of House No. D-47/213 situate at Ramapura in the city of Varanasi.

(2.) THE proceedings started on an application filed by the 3rd respondent, Jamidar Singh, before the Rent Control and Eviction Officer, Varanasi for allotment of the premises in dispute in his favour. It was alleged that the premises in dispute was in occupation of one Dr. Krishna Mohan Gupta since 1972 who died about a month ago (on 22.10.1988) and the writ petitioner Kumar Mani Rao was in unauthorised occupation of the premises in that she was not the heirs of Dr. Krishna Mohan Gupta. The premises in dispute according to him would be deemed to have fallen vacant.

(3.) THE petitioner Km. Mani Rao moved an application dt 5.6.1989 for recall of the order dt. 12.5.1989 on the ground that it was an ex parte order. The application was accompanied with an affidavit stating therein that the petitioner had no doubt received the notice for appearance and filing of objection by 20.1.1989 which was the date fixed in the case but since the notice was not accompanied with the copy of any application etc. the petitioner appeared on the date fixed in the case and applied for, and was granted time, by the Rent Control and Eviction Officer, up to 12.5.1989 to file objection. But, it is alleged, the counsel appearing for the petitioner noted Rs.12.6.1989' instead of Rs.12.5.1989' as the date fixed for appearance and filing of objection and as result neither the petitioner nor her counsel appeared on the date fixed and the vacancy was declared ex parte as would be evident from the averments made in paragraph 5, 6, 10, 12, 13 and 14 of the petitioner's affidavit filed in support of the application dated 5.6.1989.