UMA KIRAN Vs. ADDL. DISTT. JUDGE & ANOTHER

JUDGEMENT

(1.) HEARD Sri Rahul Verma, learned counsel for petitioner and Sri Rajesh Gupta, learned counsel appearing for respondents.

(2.) THIS writ petition has been filed against an order passed by respondent No.1 dated 9.10.2009 by which revision filed by respondent being landlord has been allowed and order of allotment made in favour of petitioner has been cancelled.

(3.) LEARNED counsel for petitioner submits that as there was a report submitted by Rent Control Inspector to the effect that it was in possession of one Mr.Rajwanshi, who was tenant and same has been vacated by him, therefore, there is a vacancy and the brothers are not living here, in such circumstances, vacancy is there and as release application is not available on record, therefore, it may be published in the newspaper and after publication in the newspaper, premises has been allotted in favour of petitioner. Further, it has been submitted that now, petitioner has purchased the property from one of the brother and has become co-owner, therefore, he is entitled to remain in possession of the property but by virtue of the order dated 9.10.2009, cancelling the order of allotment, the effect will be that petitioner will be ejected from the premises in dispute.