ATIQUE AHMAD Vs. JASVINDER KAUR

JUDGEMENT

(1.) RAJESH Tandon Heard Sri A. Rab, Advocate for the petitioner, Mr. Manoj Kumar Sharma and Sri K. N. Joshi, Advocate for the respond ent no. 1 and Standing Counsel for the respondents no. 2 and 3.

(2.) BY the present writ petition, the petitioners have prayed for a writ of certiorari quashing the order of vacancy as well as release dated 17th August 2005 and 13th December, 2005 passed by the Rent Control and Eviction Officer in Case No. 10 of 2003 Smt. Jasvinder Kaur Vs. Smt. Majeedan and others (Annexures 17 and 18 to the writ peti tion) as well as the order dated 6th May, 2006 passed by the revisional Court/dis trict Judge, Dehradun in R. C. R. No. 2/ 2006 Atique Ahmed Vs. Jasvinder Kaur and others.

(3.) PETITIONERS have submitted that looking to the family members, who were minors at that time, their cousin Mohd. Khurseed assisted them in the business of barber and now petitioner no. 1 is looking after the said business. Proceedings for vacancy were started on an application preferred before the Rent Control and Eviction Officer for release of the accommodation on the ground that the same is vacant. A perusal of the application U/s 16 (1) (b) shows that af ter the death of Rafique Ahmad in the year, 1993, Smt. Majeedan came to Mussoorie and paid the rent up to 1994 and removed entire house-hold effects and from 1995, Mohd. Khursheed has started business, when in point of fact, Mohd. Khurseed is not a member of the family and as such, the accommodation has fallen vacant and the same has been occupied by Mohd. Khurseed, who is an unauthorized occupant and as such the landlord has prayed for declaring the va cancy and for release of the accommo dation.