S N LAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BACKGROUND.-The petitioner, Sri S. N. Lal has filed above writ petition with the pleadings, contending inter alia amongst others, that he is 'tenant' under U. P. Rent Control Act (Act XIII of 1972 ) of the house situated at 8/12, Lyall Road (Now Patrika Marg), he is living with his family members as such since 21st July, 1973 on the basis of allotment order dated 18th December, 1972 ; the petitioner retired in the year 1993 from the post of Administrative Officer in the office of Director of Education, the premises held by the petitioner as tenant is situate on Nazul land numbered as plot No. 213A, Civil Station, Allahabad in the records of Nagar Nigam, Allahabad; lease of the said 'Nazul land' expired on 3rd February, 1962 ; fresh lease was sanctioned in 1968 in favour of B. P. Rai by the then Commissioner, Allahabad Division, Allahabad ; but fresh lease deed was never executed ; after the death of B. P. Rai, (erstwhile lessee) names of his heirs/legal representatives-namely Smt. Aroti Mukharji, Sameer Kumar Rai and Sarit Kumar Rai were entered in the records of Nazul property in 1979 (as per record available in the Nazul department), the premises in tenancy of the petitioner was purported to be transferred illegally in favour of one Janta Sahkari Grih Nirman Samiti Ltd. vide registered sale deed dated 26.4.1979 ; name of the petitioner finds place in the said sale deed as tenant of the premises in question; the said 'sale-deed' is illegal and 'ineffective' as it was executed without obtaining permission from the Collector ; i.e., in breach of a condition to the terms of 'lease' ; Janta Sahkari Grih Nirman Samiti filed Original Suit No. 534 of 1982 before Munsif West, Allahabad and obtained ex parte order dated 24.8.1983 by concealment/ misrepresentation; legal representatives of erstwhile lessee (Sri B. P. Rai) are guilty of committing breach of 'Term and conditions' of lease itself, and lastly that the then District Magistrate, Nazul, Allahabad vide order dated March 1, 1993 (Annexure-12 to the writ petition) has already held said 'sale deed' to be illegal and void.

(3.) RELIEFS claimed in the present writ petition (filed in the year 2000) read :