RAM AHUJA Vs. IST A D J

JUDGEMENT

(1.) This writ petition has been filed by the allottee. Building in dispute was declared vacant on 3.3.1983 on the application of the petitioner. Thereafter it was allotted to the petitioner on 9.5.1983. Possession was also delivered to the petitioner through Police force on 3.6.1983.

(2.) Petitioner had alleged that one Jagdish Lal was the tenant of the premises in dispute who had vacated the same. Notice issued to the landlord was served upon one Bhaskaran who was alleged by the petitioner to be caretaker of the building in dispute on behalf of landlady respondent No. 3 Smt. Nand Rani.

(3.) Landlady respondent No. 3 on 10.6.1983 filed an application before R.C. and E.O./Local Magistrate, Hardwar, district Saharanpur for review of the allotment order which was registered as Case No. 56 of 1983. R.C. and E.O. on 21.8.1984, allowed the review application of the landlady holding that Jagdish Lal was never the tenant of the house in dispute and that Bhaskaran was not the caretaker of the landlady, hence service of notice upon him was of no value. R.C. and E.O. held that Rule 8(2) of the Rules framed under U.P. Act No. 13 of 1972 had been violated inasmuch as no notice was served upon the landlady to either before inspection or before declaration of vacancy or before allotment or before delivery of possession. Thereafter landlady applied for possession of the house in dispute. R.C. and E.O. on 29.3.1985, allowed the said application and directed delivery of possession to the landlady. Against the aforesaid orders a revision was filed by the petitioner being R.C. Revision No. 76 of 1985. The said revision was dismissed in default. Petitioner filed restoration application " which was registered as Misc. Case No. 55 of 1981. Ist A.D.J. Saharanpur on 7.3.1986 rejected the restoration application, hence this writ petition.