ANIL KUMAR GUPTA Vs. RAJ KUMAR GUPTA

JUDGEMENT

(1.) Heard Sri Swapnil Kumar, learned counsel for the petitioner and Sri Ramendra Asthana, learned counsel for the respondents.

(2.) The writ petition is directed against order dated 27.7.1998 whereby Rent Control and Eviction Officer, Shikohabad (hereinafter referred to as "RCEO") rejected petitioner's application for release of accommodation in question and thereagainst, petitioner's revision has been dismissed by Additional District Judge, Court No.5, Firozabad vide order dated 13.10.2003.

(3.) It is not disputed that accommodation in question i.e. House No.555 (new number 569) situated at Mohalla Bara Bazar, District Firozabad was initially in the tenancy of one Smt. Sheetal Devi. The husband of Smt. Sheetal Devi died in 1974 and thereafter Sheetal Devi vacated the premises in question (as per petitioner's case) on 25.5.1995. Informing the vacancy to the RCEO, petitioner applied for release of accommodation in question under Sec. 16 of U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972"). The application was contested by respondent by filing objection, a copy of which has been filed as Annexure 3 to the writ petition, and therein the case set up by respondent is that though admittedly accommodation in question was in the tenancy of Smt Sheetal Devi, who vacated it after the death of her husband but six rooms of accommodation in question were let out to respondent by petitioner's brother Sri Kishan Gupta sometimes in 1973 on monthly rent of Rs. 40.00 and therefore, accommodation in question is not vacant and beneficiary i.e. respondent is residing in accommodation in question.