RAJENDRA NATH Vs. IVTH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This petition has been filed for quashing the order dated 25.4.1987 passed by IVth Additional District Judge, Bulandshahr whereby he has decreed the suit of respondent No. 4 for relief of token damages and for a direction to the Rent Control and Eviction Officer (defendant No. 1 in the suit) to allot the premises in dispute to any needy person. The petition is further directed against the order dated 19.8.1987 passed by the Rent Control and Eviction Officer, whereby pursuant to the direction issued by the Civil Judge, referred to above, he has declared vacancy in the premises in dispute.

(2.) Facts of the case are that the petitioner is the landlord of House No. 268 (new No. 226) Pattharwali Gali, Deputy Ganj, Bulandshahr. In proceedings under Section 16 (1) of UP. Act No. XIII of 1972 Rent Control and Eviction Officer, vide judgment dated 1.2.1979 (Annexure-6 to the petition) released the premises in favour of the landlord after rejecting the application for allotment filed by respondent No. 4 Daya Nand Swarup. Against the said order of the Rent Control and Eviction Officer; Daya Nand Swarup filed Rent Control Revision No. 19 of 1979. The said revision was dismissed vide judgment dated 30.7.1979 passed by the IVth Additional District Judge, Bulandshahr (Annexure-7 to the petition), The proceedings under Section 16 of the Act became final and the judgment of the Revisional Court dated 30.7.1979 became final. Shri Daya Nand Swarup thereafter filed Suit No. 310 of 1986 in the Court of Munsif Bulandshahr against the Rent Control and Eviction Officer, Bulandshahr and the State of UP. claiming relief of token damages and also for a direction that the premises in dispute may be allotted to some needy person. The said suit even though was not maintainable was decreed vide judgment dated 25.4.1987 for token damages of Rs. 10/- and also direction to the defendant No. 1 Rent Control and Eviction Officer, to allot the premises in dispute to some needy person (Annexure-2 to the petition). Thereafter, the Rent Control and Eviction Officer, under threat of criminal contempt being initiated against him vide order dated 19.8.1987 declared the vacancy in the premises pursuant to the decree of the Civil Court dated 25.4.1987. It is these two orders which have been challenged before this Court in the present writ petition.

(3.) I have herd Shri Om Prakash, Advocate holding brief of Shri B.D. Mandhyan, learned Counsel for the petitioner and the learned Standing Counsel appearing for respondent Nos. 1, 2 and 3.