KAMLA DEVI Vs. MUNNI DEVI TRIPATHI

JUDGEMENT

(1.) IN the instant writ petition, the order dated 29.5.2009, releasing the house in dispute passed by the Additional District Judge, Court No. 13, Kanpur Nagar in Rent Revision No. 38 of 2008, Kamla Devi v. Munni Devi and another as well as order dated 5.2.2008 passed by the Rent Control and Eviction Officer/Additional City Magistrate/IIIrd Kanpur Nagar in Case No. 32 of 2007, Anil Kumar v. Kamla Devi, are impugned. The disputed house No. 107/152A, Jawahar Nagar, Kanpur which consists of two rooms, half courtyard and chabutara and common latrine, bath room. This has been declared vacant by the Rent Control and Eviction Officer and thereafter the said house stands released in favour of the landlord. The rate of rent is Rs. 18.75 per month.

(2.) AT the time when the writ petition was moved as a fresh case initially an interim order dated 13.7.2009 was passed that since the facts involved are not in dispute and, therefore, final disposal/final argument of the writ petition shall be advanced at the time of admission itself.

(3.) THE first challenge in respect of the judgment under challenge relates to the question of limitation. In fact an application was moved by one Anil Kumar, respondent No. 2 on 4.5.2007 for allotment since a vacancy has come in existence. Thus, the rent control machinery started. THE Rent Control and Eviction Officer declared vacancy after getting the accommodation inspected by the Rent Control Inspector and thereafter the landlord filed a release application which has been allowed. THE respondent No. 2 is a prospective allottee and, therefore, he has no right to challenge the release application which stands allowed by the court below. However, after filing of allotment application, the respondent No. 2 has not challenged the order of release. THE tenant-petitioner claims it to be a manipulated step and therefore, the entire procedure of declaration of vacancy is liable to be nullified. After the allotment application was moved, the Rent Control Inspector visited the premises and submitted his report on 6.6.2007. Vacancy was declared vide order dated 5.2.2008, Annexure-2 to the writ petition, on the ground that late Lal Bahadur Nigam constructed a house within the municipal limit 294-C Block Sujatganj, Kanpur and also that Vijay Kumar son of Kamla Devi and Lal Bahadur Nigam has also constructed house No. 294/33E Block Shyam Nagar, Kanpur, consequently vacancy was declared. A release application was filed which was allowed and challenged under Section 18 of the Act. THE sale deed paper No. 21Ga was brought on record before the revisional court and a conclusion was arrived at that the name of late Lal Bahadur Nigam was recorded in Nagar Mahapalika, Kanpur Nagar, Plot No. 294 Block C Scheme 2, Sujatganj, Kanpur having an area 200 square yards or 167.22 square meter vide lease deed executed on 30.5.1970 for a period of 99 years. Kanpur Development Authority sanctioned the plan on 24.11.1976 and thereafter constructions were made. THE tenants-petitioner claimed that they have sold the said house vide registered sale deed on 28.2.2005. Extract of panchshala for the period 1987 to 1992 Paper Nos. 43 and 44 was also brought on record to substantiate that the name of Lal Bahadur Nigam was struck down from the Nagar Mahapalika records and name of Kamla Devi was substituted on 9.3.2005. Besides, sale deed in favour of Vijay Kumar son of Lal Bahadur Nigam and Kamla Devi was brought on record alongwith house tax report.