DURGA DEVI Vs. DISTRICT AND SESSIONS JUDGE DEHRADUN

JUDGEMENT

(1.) THESE two connected writ petitions have been filed against the judgment of the learned District Judge, Dehradun, dated November 28, 1974. Writ Petition No. 2035 of 1975 has been preferred by S. P. Gupta, the landlord (briefly stated as the petitioner), whereas Writ Petition No. 7784 of 1974 has been filed by Smt. Durga Devi, the tenant (hereinafter referred to as the respondent). As these petitions can be conveniently decided by a common judgment, I propose to take them together.

(2.) THE dispute in this case is with regard to a building known as "Indra Nikunj", which was formerly known as 'Beehive Cottage', situate in the city of Mussoorie. This building was in the tenancy of one Dr. Gopal Singh, husband of Smt. Durga Devi. Dr. Gopal Singh died in 1969. It was, therefore, allotted to Smt. Durga Devi.

(3.) THE learned District Judge decided point No. 1 in favour of the respondent, but, finding that Sita Ram had been allowed to occupy a room by the respondent, he held that in so far as that one room was concerned, the case was clearly covered by Section 12(1) (b) of the Act. THE District Judge further allotted this one room to the petitioner. On these findings, the appeal of the petitioner was partly allowed and one room, described as 'Pantry', was released in favour of the petitioner. As to the rest, the appeal was dismissed. Aggrieved by this judgment of the learned District Judge, these two petitions have been filed, one by the petitioner and the other by the respondent. I propose to take up writ no. 2035 of 1975 first.