BECHAN PRASAD Vs. XITH A D J VARANASI

JUDGEMENT

(1.) A. B. Srivastava, J. Affidavit having been exchanged between the parties, the petition is being finally disposed of after hearing the learned counsel for both sides in accordance with rules of the Court.

(2.) THE petitioner No. 1 Bechan Prasad is the landlord of House No. CK-39/8 Dalmandi, Varanasi, Banarasi Lal and Mangal Prasad, the petitioner Nos. 2 and 3 are occupants of the 1st and IInd floor portion of the said premises. One Smt. Sita Devi a dancing girl, was tenant of the premises in question (1st and 2nd floor ). According to the petitioners she was forcibly ousted by the police in their drive to evict dancing girls from the said locality. On the report of the police, the R. C. & E. O. without following due process of law, allotted the said premises on 17-5-1972 to the respondent No. 3. However, the landlord again put back Sita Devi in occupation of the said premises.

(3.) THE petitioner Nos. 2 arid 3 who allege to have been residing with Smt. Seeta Devi in her life-time, claim to have, inherited the tenancy after her death on 20-2-1983. THE respondent No. 3 appears to have moved another application under S. 16 (4) of Act 13 of 1972 read with Section 151, C. P. C. for delivery of possession. THE same was allowed by R. C. & E. O. vide order dated 26-7-1988 and notice in Form C was directed to be issued, THE revision filed by the petitioners before the District Judge was dismissed by his order dated 22-9-1994. THEse orders of R. C. & E. O. and the revisional court, are sought to be quashed by means of writ of certiorari.