KARAM CHAND Vs. ADDITIONAL DISTRICT JUDGE MORADABAD

JUDGEMENT

(1.) -This is a petition under Article 226 of the Constitution of India.

(2.) THE property in dispute is a house, situate in Sabzi Mandiganj, Moradabad. THE petitioner is the tenant. Sri Gopal, respondent no. 3, is the landlord. THE property in dispute consists of a room and a Kothari. Sri Gopal, the landlord, alleged that the western portion of the property in possession of Karam Chand, the tenant, is in occupation of Hansraj, respondent no. 4, who carries on the business of general merchandise. THE allegation was that Karam Chand had permitted the said western portion to be occupied by Hansraj, who is not a member of his family, and, consequently, the western portion be deemed to be vacant in the eye of law. It was further prayed that since the property in dispute was to be deemed to be vacant and the need of Sri Gopal, the landlord, was genuine and bona fide, therefore, it be released in his favour.

(3.) LEARNED counsel for the petitioner has contended that the order of release as well as the revisional order is invalid on the ground that the property could not have been deemed to be vacant, as the ingredients necessary for declaring it to be vacant were not in existence in the instant case.