SWAMI DAYAL Vs. RAM KISHORE AND ORS.

JUDGEMENT

(1.) THE Petitioner is the owner of a house in Mohalla Golaganj, Chandausi, district Moradabad. He applied for its release. The Rent Control and Eviction Officer dismissed the application for release and allotted it to Smt. Yashoda Devi, Respondent No. 2. The Petitioner filed a representation to the State Government Under Section 7 -F of the UP (Temp.) Control of Rent and Eviction Act which has been dismissed by the State Government on 30 -7 -1968.

(2.) THE impugned orders dismissing the application for release and allotting the accommodation in favour of Smt. Yashoda Devi have been challenged principally on the ground that the accommodation was in law not vacant and the Respondents had no jurisdiction to make an order of allotment.

(3.) THE erstwhile mortgagor filed successive suits through his sons and wife challenging the decree for sale but they were dismissed. On 7 -11 -1967, the Petitioner obtained possession over the house in execution of the mortgage decree. The same day Smt. Yashoda Devi, who was the wife of the mortgagor judgment -debtor Ram Kishore, made an application for allotment of the house to the RC and EO. On 13 -11 -1967 the RC and EO allotted the accommodation to Smt. Yashoda Devi. When the Petitioner came to know of it, he applied for the setting aside of this order of allotment. Subsequently he made an application for release of the accommodation to himself. These applications were decided against the landlord on the ground that his need was not genuine.