RAM KUMAR SISODIA Vs. RAVINDRA NATH JAIN

JUDGEMENT

(1.) Heard Sri Om Prakash, learned Counsel for the petitioner and Sri P.C. Jain, learned Counsel for the respondent. Respondent is the owner and landlord of the house No. 25/156, Gandhi Nagar, Agra. He applied for release of it under section 16 of U.P. Act No. 13 of 1972 on the ground that petitioner is occupying it unauthorisedly.

(2.) The Rent Control and Eviction Officer vide order dated 27.8.04 declared the property to be vacant under section 12 of the Act as the petitioner was found to be in occupation without any order of allotment but the release application was rejected.

(3.) The part of the aforesaid order rejecting the release application was challenged by the respondent by filing a revision and the same was allowed and the matter regarding consideration of the release application was remanded to the Rent Control and Eviction Officer. On remand the Rent Control and Eviction Officer by the impugned order dated 20.5.2006 has directed for the release of the property in favour of the respondent.