JAGDISH PRASAD Vs. DISTRICT JUDGE, GHAZIABAD AND OTHERS

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution has been filed by an applicant for allotment of a shop challenging the order of the Rent Control and Eviction Officer and the revisional order of the District Judge by which they held that the shop in dispute was a new construction and, therefore not covered by U. P. Act No. 13 of 1972 (hereinafter called the Act.)

(2.) The broad facts are undisputed and are clear from the two reports of the Senior Inspector, Rent Control, dated 26-12-1975 and 23-3-1977 copies of which are annexures T and 6 to the petition. It appears from these reports that formerly there existed a long Baithaka approximately 30 to 32 feet by 9 feet or so. The landlord converted it into four shops by adding three partition walls and changing the front wall to install separate shutters for each shop. Thereafter he let out the individual compartments as shops. The shop for which the petitioner applied was No. 2 and, therefore, a shop of which three walls were newly constructed and only the back wall and the roof were old. On this date the authorities below held that this was a new construction.

(3.) Learned counsel for the petitioner has referred to Clause (c) of Explanation (1) to Sec. 2 (2) of the Act which runs as follows:-