PREM CHAND JAIN Vs. DISTRICT JUDGE, SAHARANPUR

JUDGEMENT

(1.) THE dispute involved in this writ petition pertains to a residential building bearing municipal No.13/116/1, situated in Mohalla Sangyan, Saharanpur, hereinafter referred to as 'the demised premises'. It was allotted to Shyam Sunder Lal (for short,'the tenant') vide allotment letter of September 4, 1965. The tenant died on 17.6.1976 at Delhi leaving behind his widow, Smt.Subran Lata Jain, the contesting respondent No.2 herein besides two sons and a daughter as his legal heirs. On 11.3.1977 Pramod Kumar Jain, a son of Prem Chandra Jain, the landlord, of the demised premises moved an application for allotment of the demised premises in his favour. The Rent Control Inspector after inspecting the spot, vide his report dated 9.5.1977 found the demised premises vacant. The substance of the report was published. Smt.Subran Lata Jain, respondent No.2 on 27.4.1977 filed objections. Evidence of the parties was recorded. After hearing the parties learned District Supply, Rent Control and Eviction Officer, Saharanpur took into consideration the following documents:

(2.) HE came to the conclusion that from the above evidence it was proved on record that one room, a kitchen and a Chhajja was under the tenancy of Shyam Sunder Lal, the deceased husband of Smt.Subran Lata Jain and the said premises were situated in Gali Mandirwali, Dharampur. He recorded a firm finding that Shyam Sunder Lal deceased, had vacated the demised premises in his life time and had shifted permanently and regularly settled at New Delhi alongwith all of his family members and had ultimately died there; and that after his death his widow Smt.Subran Lata Jain alongwith her family members were permanently residing at Delhi and the demised premises were locked. He further found that the above said evidence had gone unrebutted. Consequently, vide his order dated 19.1.1979 he declared the building vacant.

(3.) SMT .Subran Lata Jain, widow of the deceased tenant, filed RCR No. 224 of 1979 whereas Khushal Chand Jain above mentioned, filed RCR No. 225 of 1979. Both these revisions were heard and disposed of by the learned District Judge, Saharanpur by one single judgment dated 20.5.1980 thereby allowing both the revisions.