AJAY GARG Vs. ADDL DISTRICT MAGISTRATE CIVIL SUPPLIES

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India has been filed by one Ajay Garg praying for quashing the order dated 15-3-1985 passed by the Additional District Magistrate (Civil Supplies), Lucknow after summoning the record of the same. The petitioner impleaded the Additional District Magistrate (Civil Supplies) Rent Control Lucknow as opposite party no. 1 and Sri H. B. Mullick resident of 64, Ram Gopal Vidyant Road, Lucknow as opposite party no. 2. The opposite party no. 1 was impleaded since the impugned order was passed by him and the opposite party no. 2 has been impleaded since he was stated to be the landlord of the premises known as No. 7, Havelock Road, Lucknow.

(2.) THE petitioner claimed that the premises in question had been let out by the landlord opposite party no. 2, to one Sri L. P. Sabharwal with whom the petitioner was living since 1972 with the written permission of the landlord dated 6-3-1976 by which the petitioner was not only allowed to live with the tenant but the tenant was further allowed to sublet the premises, in which the petitioner was living, to the petitioner since it is alleged that the tenant was being looked after by the petitioner and his brother. THE petitioner was regularly paying Rs. 200/,- per month as rent to Sri L. P. Sabharwal, the tenant, which was in the knowledge of the landlord, and in turn Sri L. P. Sabharwal was paying Rs. 300/- per month as rent to the landlord. THE petitioner has brought on record photostate copy of the permission accorded by the opposite party no. 4 to Sri L. P. Sabharwal as Annexure No. 1 to the writ petition. It is further stated that Sri L. P. Sabharwal died on 25-6-1985 leaving no body as his heir and the petitioner to whom the premises in question were legally sublet by Sri L P. Sabharwal had the right to continue in lawful occupation of the building.

(3.) THE opposite party no. 3 was a prospective allottee in respect of the premises in question and was impleaded by an order of this Court dated 13-3 1987. He has his case on behalf of the opposite parties.