SANT KUMAR BANSAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition arises out of proceedings under the U.P. Temporary Control of Rent and Eviction Act, 1947 (hereinafter referred to as the Act).

(2.) THE petitioner is the tenant of House No. 7/7, Anand Swarup Quarters, Bengali Mohalla, Debradun of which the 5th respondent, Shrimati Kapuri Devi is the land lady. It appears that the petitioner was transferred to Meerut as Manager, Oriental Bank of Commerce Limited, Meerut. He, however, did not vacate the accommodation in question but retained his possession over it through one Shrimati Chandra Kala Devi who is said to be his distant relation and later on through his mother. He also paid a sum of Rs. 400.00 to the land lady as advance rent Rs. 10.00 per month. The 4th respondent, Sri K. D. Sharma applied for the allotment of the accommodation in his favour and the Rent Control and Eviction Officer by his order dated June 9, 1970 allotted the house to him. The allottee did not succeed in getting possession. He moved the Rent Control and Eviction Offi cer for necessary help. The Rent Control and Eviction Officer insti tuted an enquiry through an Inspector who reported that the accom modation was in possession of Shrimati Chandra Kala Devi where upon a notice was issued to her under Section 7-A(1) treating her to be an unauthorised occupant. When the Inspector visited the ac commodation again he found that Shrimati Chandra Kala Devi had vacated the house and in her place the petitioner's mother was resid ing there. The Rent Control and Eviction Officer passed an order directing the petitioner to vacate the accommodation failing which coercive measures should be taken to eject him and to put the allot tee in possession. The petitioner's revision application was dismiss ed by the Commissioner, Meerut Division, Meerut on September 30, 1971. Thereupon the petitioner approached the State Government under Section 7-F of the Act and the State Government has also re jected the revision. The petitioner has now approached this Court under Article 226 of the Constitution.

(3.) AGAIN in Firm Saho Kumar Krishna Kumar v. Iqbal Ahmad and others, Special Appeal No. 2775 of 1959 decided on July 27, 1960 it was held: -