GYAN THAPA Vs. DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) SHOP No 20, Mahatma Gandhi Marg, Allahabad belongs to Sardar Gopal Singh respondent No. 4. One Sardar Uttam Singh Oberai was originally the tenant of the shop. As he fell into arrears of rent a suit was filed by respondent No. 4 for recovery of arrears and rent and ejectment against him. The suit was, later compromised and Sardar Gopal Singh respondent No. 4 permitted Sardar Uttam Singh Oberai to enter into a partnership with Subhash Chandra Malik respondent No. 3. Consequently, the two entered into the partnership and started a firm known as M/s. Allied Electronic Corporation. Subsequently, the partnership was dissolved on March 31 1971, Before the dissolution of the firm, respondent No. 3 obtained an allotment order of the shop in his name. After dissolution the respondent No. 3 constituted a new partnership on 1-4-1971 consisting of himself, his mother and his brother's wife and thereafter continued the business in the same old name that is M/s. Allied Electronic Corporation. On 1st April, 1974 Ramesh Chandra Malik, another brother of respondent No. 3 was also taken as a partner in the firm.

(2.) ON 1st September, 1976 Dr. (Mrs.) Gyan Thapa, the petitioner filed an application for allotment of the aforesaid shop, viz. No. 20, Mahatma Gandhi Marg on the ground that a new partner having been admitted on 1st April, 1974, a vacancy in law had been caused.

(3.) THE Rent Control and Eviction Officer rejected the application of the petitioner on 9-5-1977. Against the said order, the petitioner preferred a revision under Section 18 of U. P. Act No. 13 of 1972. THE revision met with the same fate. Feeling aggrieved, the petitioner has filed the present writ petition.