H S BHATNAGAR Vs. ADDL DISTRICT JUDGE DEHRADUN

JUDGEMENT

(1.) The present petition is directed against the orders passed by Respondent Nos. 1 and 2 dismissing the application filed by the Petitioner under Section 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) and refusing to declare the building in question as vacant and dismissing the revision filed by the Petitioner against the said order, respectively.

(2.) The facts as unfolded in the writ petition are that the Petitioner was owner and landlord of the building No. 38, Lytton Road, Dehradun (hereinafter referred to as the building in question), a portion of the said building was let out to Sri Diwan Singh, Respondent No. 3, who without the consent of the Petitioner illegally sub-let a portion in his occupation to Sri B. M. Puri, Respondent No. 4. It was on 3.1.78 that Sri B. M. Puri vacated the portion of the building in his occupation, the same has thus fallen vacant and on 5.1.78 Petitioner filed an application for release of the said portion on the ground of his personal need before Rent Control and Eviction Officer, Dehradun.

(3.) The application filed by the Petitioner was contested by Respondent No. 3 alone. He claimed himself to be the tenant-in-chief of the building in question and contended that the said portion was allotted in favour of the Respondent No. 4 in the year 1970. He contended that on vacating by Respondent No. 4 of the said portion, there arose no vacancy within the meaning of term used under the Act.