SATYA NARAIN Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS petition challenges the validity of an order of the District Judge Kanpur dated 8-10- 1975. By this order the Additional District Judge dismissed the appeal preferred by the petitioner on the ground that it was incompetent.

(2.) THE dispute, is in respect of house No 95/117 consisting of two rooms in the first floor. An application for its allotment was filed by respondent No. 1. THE application was contested by the petitioner. He denied that there was any vacancy. THE Rent Control and Eviction Officer held that the house was vacant and further allotted the same to respondent No. 1 on 14-8[1974. Against the aforesaid order, the petitioner preferred an appeal before the District Judge. It was accompanied by a certified copy of the order of the Rent Control and Eviction Officer which reads as under :- "Allotted to Sri Ashok Kumar Bajpai, Cat. A. Sd. Illegible R.C.E.O. 14-8-1973"

(3.) THAT apart, it appears to me that since the filing of a copy of either of the two would meet the requirement of Rule 7 (3), the appeal should not have been dismissed. To say the least, the language employed in Rule 7 (3) is capable of including both the orders. Hence,' filing of either of the two was sufficient.