KISHORE CHAND GUPTA Vs. DISTRICT JUDGE

JUDGEMENT

(1.) THIS is the writ petition against the orders : dated 13.5.1993 (Annexure-1 to the writ petition) passed by the Rent Control and Eviction Officer declaring the vacancy. dated 21.5.1993 (Annexure-5 to the writ petition) passed by the Rent Control and Eviction Officer releasing the premises in dispute in favour of respondent No. 4. dated 23.3.1998 (Annexure 11 to the writ petition) passed by the Rent Control and Eviction Officer rejecting the application of the petitioners under Section 16(5) of the Act; and order dated 28.4.1998 (Annexure-13 to the writ petition) passed by the revisional Court dismissing the revision of the petitioner against the order dated 23.3.1998.

(2.) IT is admitted case that respondent No. 4 is the landlord of the premises in dispute. According to landlord one Swadesh Sugar Supplies Private Ltd., situate at Kanpur was a tenant of the premises in dispute. They sent a letter dated 3.1.1992 requesting the respondent No. 4 to change the tenancy in favour of the petitioners who according to Swadeshi Sugar Supplies Ltd. were its employees. It is on the basis of this letter proceeding for declaration of the vacancy started.

(3.) PETITIONERS filed an application under Section 16(5) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972. After considering this application the Rent Control and Eviction Officer held that the petitioners are in possession and they are the employees of the erstwhile tenant, Swadeshi Sugar Supplies Private Ltd. Their possession is not authorised and he dismissed this application by his order dated 23.3.1998. Petitioners filed a revision against this order. This revision was dismissed by the respondent No. 1 by its order dated 28.4.1998 as not maintainable. Hence the present writ petition.