SITA RAM Vs. PRESCRIBED AUTHORITY VARANASI

JUDGEMENT

(1.) SUDHIR Narain, J. This writ petition is directed against the order dated 27-7-1995 passed by the Rent Control and Eviction Officer, declaring shop No. 45/9, Annapurnaganj, Varanasi, as vacant.

(2.) THE shop in question was owned by Shri Baldeo Das, husband of Smt. Shanti Devi-opposite party No. 1. After the death of Baldeo Das, Smt. Shanti Devi became owner and landlady of the shop in question. Shri Gopal Lal was the tenant of the shop in question. Shri Bitthal Lal, Shri Sandeep Kumar Gujarat! and Ambika Homoeo Pracharak Sansthan, Varanasi, iiied application for allotment of the shop in question on the allegation that Shri Gopal Lal had vacated the shop in January 1988, and the shop in question was liable for allotment. THE opposite pany No. 4, filed an application for release under Section 16 (1) (b) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act ).

(3.) THE petitioner filed objection to the said release application that he was a tenant of the shop in question since prior to they year 1961 and the shop in question was not vacant. THE application under Section 16 (1) (b) of the Act was not maintainable. He filed an affidavit in support of his objection. He stated that he was tenant of the shop in question for the last 30-32 years. He had opened an office and library and the shop in ques tion was for entertainment of the children. He was a member of Sarvodaya Bal Sangh Society. It was stated in para 18 of the affidavit that Gopal Lal could not have vacated the shop as he was, in fact, not in possession. He annexed certain documents with affidavit to establish that he was tenant in the shop in question. :