ARUN KUMAR CHATURVEDI Vs. NIVAS SHARMA & OTHERS

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree passed by 2nd Additional District Judge, Mathura in Civil Appeal No. 16 of 1978 and the 4th Additional Munsif,Mathura in O.S. No. 416 of 1973. The appeal was admitted by this Court on 8.5 1979 on following substantial questions of law, which read as under:

(2.) Lower court record has been received and with the consent of the parties, appeal is being finally heard and decided.

(3.) The plaintiff instituted a suit against the order passed by Rent Control and Eviction Officer, Mathura declaring vacancy of shop in question exercising power under Section 9 of the U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972. (hereinafter referred to as "Act 1972"). Challenge to the vacancy order is that shop in question was not vacant on the date of order passed by Rent Control and Eviction Officer, Mathura. Shop was being occupied by one Sriniwas and that he had never sublet the shop to Chhote Lal and, therefore, finding given by the Rent Control Authority to the effect that Sriniwas was no more tenant and the shop was vacant, was incorrect. Further plea was taken that order passed by Rent Control and Eviction Officer was without jurisdiction and illegal and hence suit against the order declaring vacancy dated 27.11.1972 was fully maintainable.