SALIG RAM Vs. RENT CONTROL AND EVICTION OFFICER

JUDGEMENT

(1.) S. U. Khan, J. This is tenant's writ petition directed against the order dated 4-12-1985 passed by Rent Control and Eviction Officer/acm II, Kanpur in case No. 144 of 1985 declaring the vacancy of the accommodation in dispute. Accommodation in dispute is as Chabutara having tin shed over it. Landlord-respondent No. 2 has filed his own counter-affidavit in this writ petition and in para 4 thereof it has been stated that: "petitioner is tenant of a Chabutara only and tin shed over the chabutara was placed by him. The tin shed does not belong to the trust property (landlord ). "

(2.) RESPONDENT No. 2 Shyamji Dubey is the Receiver of the Trust Pancham Gadaria to which property in dispute belongs. Rent Control Inspector in its report dated 30-9-1995 reported that property in dispute was a small Chabutara having a tin shed and that there was no door etc. in the said property. Rent Control and Eviction Officer only and only on the basis of the report of Rent Control Inspector held that the property in dispute was building as defined under Section 3 (i) of U. P. Act No. 13 of 1972 and it was vacant as it was in occupation of unauthorized occupant. Petitioner has specifically raised objection before the Rent Control and Eviction Officer to the effect that property in dispute was not building as defined under the Act, hence the Act was not applicable thereupon and the building could neither be declared vacant nor allotted to any one.

(3.) WRIT petition is, therefore, allowed. Impugned order dated 4- 12-1985 is set aside. Petition allowed. .