GHANSHYAM DAS Vs. ASHA DEVI

JUDGEMENT

(1.) PRAKASH Krishna, J. The present writ petition is directed against the order dated December 6, 2001 passed by the Additional District Magistrate (Supplies)/rent Control and Eviction Officer, in case No. 69 of 1999, with respect of the house No. C-08/99 Chetganj, Varanasi, declaring the accommodation in question as vacant in proceedings under Section 16 (1) (b) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as U. P. Act No. 13 of 1972 ).

(2.) THE petitioner claims himself as tenant of a shop on the ground floor of premises No. C-08/99, Chetganj, Varanasi, since before 1972. An application for release of the said shop under Section 16 (1) (b) of the Act was filed by Smt. Asha Devi, respondent No. 1 herein claiming herself as owner and landlord of the said shop on the pleas inter alia that initially the shop in question was in the tenancy of one Narain Das since before 1972 who died in the year 1980 and thereafter the present petitioner has come into possession, who is brother-in-law of Narain Das (deceased) of the said shop. It was stated that there is a vacancy under the provisions of U. P. Act No. 13 of 1972 as the petitioner is in occupation of the disputed shop without an allotment order. It was so held in SCC Suit No. 77 of 1997, decided on 6th of August, 1999.

(3.) HEARD Shri S. N. Mishra, the learned Counsel for the petitioner and Shri Prakash Padia, the learned Counsel for the respondent No. 1 and the learned standing Counsel for the respondent No. 2. It was contended on behalf of the petitioner that the finding recorded by the Rent Control and Eviction Officer on the question of vacancy and holding that the petitioner is unauthorized one is against the provisions of Section 14 of the Said Act. The learned Counsel for the respondents supported the impugned order.