KISHORE KUMAR Vs. XIVTH ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) HEARD the learned counsel for parties.

(2.) THIS writ petition is directed against the order allowing the release application of the landlord. Learned counsel for petitioner has argued that the release application was allowed without recording the finding of genuine need of the accommodation by the landlord and material in the shape of evidence filed by the petitioner to show that the landlord did not require the premises in dispute, was not considered before passing of the impugned order.

(3.) PETITIONER 's status in respect of the accommodation in dispute is that of a trespasser. The question which then arises is as to whether the trespasser has any right to contest the application of the landlord for release of the accommodation occupied by the trespasser. According to the petitioner's Counsel since the petitioner was in actual physical possession of the accommodation in dispute and had also made an application for allotment of the same, he had a vested right to contest the release application filed by the landlord. To substantiate his argument learned Counsel for the petitioner relied on a Judgment of this court in Civil Misc. Writ Petition No. 4158 of 1992. I have seen the Judgment cited by the learned counsel for the petitioner, it does not at all help him. In that case allotment application had been filed after the vacancy was declared and one of the applicants for the allotment wanted to contest the release application on the ground that the need of the landlord is not genuine, on having failed to get the permission from the Prescribed Authority, the petitioner filed writ petition and this Court granted the permission with the observation that the petitioner being an applicant for the allotment had full justification to contest the release application. In the present case, the petitioner has been held to be a rank trespasser. A trespasser has right to get the accommodation allotted. If the petitioner cannot be allotted the accommodation he also cannot be allowed to oppose the release application which has been filed by the landlord.