SUDHAKAR SINGH Vs. AJMAL HUSAIN AND OTHERS

JUDGEMENT

(1.) Heard Sri P.K. Khare learned Counsel for the petitioner and Sri Surya Kant who has put in appearance on behalf of opposite parties.

(2.) The present writ petition is directed against the order dated 27.5.2002 passed by Incharge District Judge, Lucknow in Rent Revision No. 10 of 2002, Sudhakar Singh Vs. City Magistrate, Rent Control, Lucknow and others , dismissing the revision of the petitioner/revisionist preferred under Sec. 18 of the U.P. Act No. XIII of 1972. The petitioner has assailed the order dated 1.5.2002 passed by the City Magistrate/Rent Control Officer, Lucknow under Sec. 16 (5) of the aforesaid Act.

(3.) According to the petitioner, he was inducted as tenant in house No. 33, Aminabad Park, Lucknow. The landlord applied for release of the premises to City Magistrate, Rent Control Officer, Lucknow and the said application was allowed on 10.3.1994. The petitioner learnt about the above said order dated 10.3.1994 in third week of Sept., 1994 when the process server of Additional District Magistrate, Lucknow came to the premises and he was attempting to serve" Form-C" made under Rules of U.P. Act No. XIII of 1972. The petitioner has been wrongly treated as unauthorised tenant and he was to be dispossessed from the premises in dispute. The petitioner moved an application for review/recall of the aforesaid order dated 10.3.1994 passed by the City Magistrate, Rent Control Officer, Lucknow under Sec. 16 (5) (b) of U.P. Act No. XIII of 1972. The petitioner's review application was rejected by the City Magistrate/Rent Control Officer, Lucknow on 1.5.2002. Learned Counsel for the petitioner has further submitted that during the pendency of review petition, the co-landlords i.e. Sri Ajmal Husain, Smt. A.J. Begum and Smt. Zakia Begum had died and the petitioner made an application to the Rent Control Officer to obtain the information about legal heirs of the said landlords. The petitioner was treated as an unauthorised occupant and his application was rejected by the rent Control Officer. The petitioner had preferred a revision under Sec. 18 of the U.P. Act No. XIII of 1972 before the District Judge, Lucknow. This revision was also dismissed at the admission stage on 27.5.2002. According to the learned Counsel for the petitioner, both the Courts below i.e. Rent Control Officer and the Revisional Court did not properly exercise the powers as vested in them. The petitioner was not kept associated with the proceedings initiated by the landlords which remained pending before the Rent Control Officer from the year 1979 to 1994. No notice was served on the petitioner who was residing in the premises in dispute. The learned Counsel below did not permit the petitioner to implead the legal heirs of co-landlords, namely, Sri Ajmal Husain, Smt. A.J. Begum and Smt. Zakia Begum, who had died during the proceedings pending before the Rent Control Officer, Lucknow. Learned Counsel for the petitioner has contended that he was not unauthorised occupant in the premises but he was inducted as tenant by co-landlords i.e. Muzammil Husain on Rs. 100.00 per month as rent. The two floors of house No. 33, Aminabad park, Lucknow were rented out to one M/s. J.N. Singh and Corporation who had vacated the premises in 1975. The said Sri Muzammil Husain, the co-landlord, had given possession of two floors of the said premises to the petitioner. No receipts were issued to the petitioner by Sri Muzammil Husain and he had continued as the legal and valid tenant since 1975.