SIRAJ AHMAD Vs. R C AND EVICTION OFFICER

JUDGEMENT

(1.) The present Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India, inter-alia, praying for quashing the order dated 18th February, 1991 (Annexure 6 to the Writ Petition).

(2.) The dispute relates to an accommodation on the First Floor of House No. 12/69,Chowk Bundu Khan, Tantanpara, Aligarh. The said accommodation has, hereinafter, been referred to as "the disputed accommodation." It appears that Kumari Shamim Begum (Respondent No.2 herein) moved an application under Section 12 read with Section 16 of the U.P. Act No. 13 of 1972 (in short "the Act"), inter-alia, praying for declaration of vacancy in respect of the disputed accommodation, and further, for release of the disputed accommodation in her (Kumari Shamim Begum's) favour. The declaration of vacancy was sought on the ground that Siraj Ahmad (petitioner herein) was in unauthorized occupation of the disputed accommodation.

(3.) It appears that the Rent Control Inspector submitted his report dated 13-11-1990. It further appears that notices were issued to the concerned parties. By the said order dated 18th February 1991, the Rent Control & Eviction Officer, Aligarh (Respondent No.1) declared vacancy in respect of the disputed accommodation. It was, inter-alia, held by the Rent Control & Eviction Officer, Aligarh (Respondent No.1) that as per the report of the Rent Control Inspector as also the averments made in the application of the Respondent No.2 (Landlady), the petitioner had been tenant for the last 5 years. It was inter-alia, further held that as the petitioner had been residing in the disputed accommodation since after July, 1976 without any allotment order, his occupation in the disputed accommodation would be deemed to be unauthorized, and as such, there would be vacancy in the disputed accommodation.