MANISH GARG Vs. SANJAY BHOLA

JUDGEMENT

(1.) This petition seeks to question the order dated 11th March 2008 passed by the Rent Control and Eviction Officer, by which the application filed by the landlord for release of the shop under Sec. 16 (1) (b) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) was allowed and the applications for allotment of the premises filed under Sec. 16 (1) (a) of the Act were rejected. The petitioner has also sought the quashing of the judgment and order dated 25th march 2008 by which the Revision filed by the petitioner under Sec. 18 of the Act was dismissed.

(2.) I have heard Sri P.K. Jain, learned Senior Counsel for the petitioner, assisted by Sri Amitabh Agrawal and Sri Kamal Mehrotra, learned counsel appearing for the respondent-landlord.

(3.) In the application filed by the landlord under Sec. 16 (1) (b) of the Act for release of the tenanted premises it was asserted by the landlord that the shop had fallen vacant on account of the death of the tenant in the year 1983 and since thereafter, his three sons were carrying on business somewhere else and the fourth son Manish Garg, who is the petitioner in the present petition, was keeping the shop locked. The Rent Control and Eviction Officer found that Manish Garg was not doing business from the shop in dispute and accordingly by the order dated 25-9-2007 declared vacancy. This order was challenged by the petitioner in Writ Petition No. 55283 of 2007 which was dismissed by this Court by a detailed judgment and order dated 14th Nov. 2007. The petitioner filed Special Leave Petition which was dismissed by the Supreme Court by judgment and order dated 15th April 2008. The petitioner was, however, granted time till 31st Jan. 2009 to vacate the premises upon giving an undertaking within four weeks. Thus, the order declaring vacancy attained finality.