KHUNNI SINGH Vs. DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) SUDHIR Narain, J. This writ petition is directed against the order dated 21-7-1282 passed by the District Judge, Kanpur allowing the release appli cation filed by the landlord, respondent No. 2.

(2.) GAYA Prasad claiming himself to be landlord filed application for release of the disputed accommodation on the allegation that it was vacant and he required it for the need of members of his family. The accommodation was finally declared vacant by the District Judge vide order dated 10-12- 1981. The petitioner claiming himself as prospective allottee filed objection to the release application. He denied that the need of the landlord was not bona fide. The release application was rejected by the Rent Control and Eviction Officer vide order dated 29-12-1981. He held that the landlord has two rooms on the ground floor and according to the quinquennial assessment of the municipal record the landlord had four rooms on the first floor which were sufficient for the need of his family. He further held that though the accommodation had fallen vacant but the petitioner was still residing and by the same order he allotted the accommodation to the petitioner. The landlord being aggrieved against the said order filed revision before the District Judge, Kanpur Respondent. No. 1 found that the need of the landlord was bona fide and released the accommodation in his favour. The petitioner has filed this writ petition against the said order.

(3.) IN this decision also the Court held that the prospective allottee has no right to be heard. It was, however, taking into consideration the extra ordinary jurisdiction under Article 226 the Court proceeded to consider the matter. The Court, bower, did not take the view that the writ petition at the instance of prospective allottee is maintainable. As the revision at the instance of prospective allottee is not maintainable under Section 18 of the Act it cannot be urged that writ petition is maintainable against an order releasing the property in favour of the landlord.