NAUBAT RAM SHARMA Vs. ADDITIONAL DISTRICT JUDGE MORADABAD

JUDGEMENT

(1.) -This is a petition under Article 226 of the Constitution of India arising out of a proceeding under Section 16 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred to as' the Act. '

(2.) ' Delay defeats justice ' is often said ; but what great disaster delay can cause to a family, is apparent from the facts of the present case. The landlord after moving an application under Section 16 of the Act died, paralytic, yearning to live in his only house in the last days. Thereafter his wife who was a heart patient also died and now the children are pursuing the application under Section 16 of the Act. They have not till now got possession of the house in dispute as they are pitted against a powerful person like the petitioner, Naubat Ram Sharma, who is the former Chairman of the Zila Parishad, Moradabad and came into unauthorised occupation of the house.

(3.) ON 6th of May, 1976, the IV Additional District Judge, Moradabad, allowed both the appeals. The allotment order in favour of the petitioner was quashed and the matter was remanded to the Rent Control and Eviction Officer for a fresh decision in accordance with law. In the appellate order it was specifically directed by the appellate Court that the parties will be entitled to be relegated to the position at which they were before the passing of the order by the Rent Control and Eviction Officer.