BHAN PRAKASH Vs. IVTH ADDL D J

JUDGEMENT

(1.) This is landlord's writ petition.

(2.) Chandra Prakash Gupta has filed impleadment application for being impleaded/substituted at the place of sole petitioner landlord on the ground that the shop in dispute has come in share of the applicant through decree passed in Original Suit No. 204 of 1990 on the basis of compromise. True copy of the decree has been annexed along with impleadment application. There is no objection to the said impleadment application hence the said application is allowed. Let the applicant be impleaded as petitioner No. 2 in the writ petition.

(3.) The matter relates to allotment of the shop in dispute. Respondent No. 3--Moin Uddeen since deceased and survived by legal representatives filed application before R.C. and E.O., Bulandshahr for allotment of the shop in dispute on the ground that it was vacant. R.C. and E.O. directed R.C.I, to inspect the shop in dispute and submit the report, R.C.I, submitted his report on 18.12.1978 stating therein that the shop was vacant. Thereafter it was declared to be vacant by R.C. and E.O. on 23.12.1978. Thereafter notices were issued to the petitioner No. 1 the then landlord and were shown to have been served through refusal. The notice was sent through registered post. Thereafter R.C. and E.O. on 8.1.1979 allotted the shop in dispute to respondent No. 3. Thereafter possession was taken by respondent No. 3 through police force on 19.1.1979. Thereafter petitioner No. 1 against order dated 8.1.1979 filed revision being Rent Control Revision No. 11 of 1979. Revision was allowed by IVth A.D.J., Bulandshahr against which writ petition was filed in this Court being Writ Petition No. 6862 of 1979. One of the points involved in the revision as well as earlier writ petition was that at the time of delivery of possession to respondent No. 3 the shop was without any roof hence it was beyond the purview of U. P. Rent Regulation Act (U. P. Act No. 13 of 1972). The aforesaid writ petition was allowed on 3.10.1980. Copy of the said judgment is Annexure-6 to the writ petition. Through judgment dated 3.10.1980 passed in the earlier writ petition, the matter was remanded to the revisional court to decide as to whether on the date of allotment shop in dispute was having roof or not. Second point which was directed to be decided was as to whether statutory notice was given to the landlord or not before allotment. After remand the revisional court decided the revision on 29.8.1984.