SUMITA GHAI Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard Sri Ashish Kumar Singh, learned Counsel for the petitioners and Sri M.A. Qadeer Senior Counsel assisted by Sri A.R. Khan who appears for respondent No. 2. This petition is directed against the order of the Revisional Court dated 25.8.2007 passed by the learned Additional District Judge, Court No. 6, Saharanpur and the order dated 12.2.2004 passed by the Rent Control and Eviction Officer, Saharanpur.

(2.) The dispute is regarding the release of House No. 2/388/14 1st Floor situate on Gurudwara Road, Saharanpur under section 16(1)(b) of U.P. Act No. 13 of 72.

(3.) There is no dispute that the aforesaid premises was declared to be vacant under section 12 of the Act after the tenant Raj Kumar vacated the same. Thereafter two sets of release applications under section 16 were filed. One by the petitioners claiming to be the owners and landlords and the other by respondent No. 2 Nawab Sher claiming to be the co-owner to the extent of 22/76 on the basis of the judgment and decree of the Civil suit dated 22.10.2000. The Rent Control and Eviction Officer by order dated 12.2.2004 allowed the release application of the petitioners to be effective on the decision of the Second Appeal No. 66 of 2000, pending in the High Court between Nawab Sher and Smt. Sumita Ghai and others. Aggrieved by the aforesaid decision, both the parries preferred revisions which were decided by a common judgment and order dated 25.8.2007. The revisional Court after setting aside the order of release passed by the Rent Control and Eviction Officer remanded the matter with the direction to consider the need of both the parties for release of the premises.