SANJAY PALIWAL Vs. ADDL D J SAHARANPUR

JUDGEMENT

(1.) SUDHIR Narain, J. This writ petition is directed against the order dated 21-3-1994, passed by respondent No. 1 setting aside the allotment order.

(2.) THE property in dispute is property of Batala Housing Trust, Hanumangarhi Kankhal, Haridwar. On 6-8- 1934 Munshi Ram, Sukh Dayal and Khushal Mal executed a trust deed whereby they gave their property in trust for public benefit, THEy appointed themselves as founder trustees and further appointed (i) Bharat Ram, (ii) Ramji Das, (iii) Bhagat Ram, (iv) Lal Hari Chand and (v)j Lala Maulak Ram as trustees. THE founder trustees had a right to appoint and remove the trustees. Subsequently, Munshi Ram and Sukh Dayal, founder trustees, and some other trustees, expired. Khushal Chand (founder trustee) and Bharat Ram executed a trust deed on 24-9-1946, by which eight persons including Harideo were appointed as trustees. Bharat Ram was heir of Munshi Ram, founder trustee, and was nominated as one of the trustees by 1934 deed. In the meantime seven trustees appointed by the deed dated 24-9-1946, died and thereafter the last surviving trustee Hari Deo executed a deed dated 23-6-1986, whereby he appointed three other persons namely, Mahendra Sen Sarin, Sudarshan Kumar Sarin and Satish Chandra Sarin, sons of late Bhagat Ram (who was one of the seven trustees) as trustees. Sri Mahendra Sen Sarin was appointed as Chairman of the Board of Trustee. THE property in question was recorded in the name of trust through Chairman in the municipal record.

(3.) IT is not disputed that the premises in question was never allotted at any time to any one. The Rent Control and Eviction Officer could not have allotted an accommodation which was never in the tenancy of any parson except there was a valid nomination as provided under Rule 10 (9) of the Rules which reads as under: "in the case of a building which was never let out before, the District Magistrate shall serve on the landlord a notice asking him within a month of service thereof whether he is willing to throw the building open for letting and if so, to nominate a person in whose favour the allotment may be made, and thereupon ; (a) if the landlord intimates the District Magistrate within said period that he does not want to let out the building, it shall not be allotted; (b) if he intimates the District Magistrate within the said period his consent to letting and nominate a person in that behalf, the allotment shall be made in favour of that nominee ; (c) if the landlord fails to send any such intimation within the said time, it shall be open to the District Magistrate to allot the building to any person.