LAWS(ALL)-1994-3-25

SUNDAR LAL Vs. RENT CONTROL AND EVICTION OFFICER

Decided On March 15, 1994
SUNDAR LAL Appellant
V/S
SENT CONTROL Respondents

JUDGEMENT

(1.) LEARNED counsel for the writ petition has been heard.

(2.) BY means of this writ petition the petitioner has prayed for quashing an order dated 4-6-1993 of the R.C. and E.O. Kanpur Nagar allowing the respondent No. 2 to be impleaded as landlord-applicant to the proceeding under section 16 (5) of Act 13 of 1972 (hereinafter referred as the Act).

(3.) IN Mohan Singh Bedi v. Phool Chandra, ARC 1982 p. 421, the question involved related to the scope of substitution in proceedings under sections 16 and 21, for release in favour of landlord, for personal occupation. It was in this context that the proceeding was held to have abated on the transfer of property by the landlord. IN Uma Shanker Pathak v. Additional District Judge, Kanpur, 1990 (1) ARC 201, also the proceedings related to release of accommodation in favour of the landlords under section 16 (1) (b) of she Act and not to review under section 16 (5) as in the instant case. The principles laid down in these cases thus are not applicable to the present case.