KULWANT KAUR Vs. COLLECTOR JABALPUR HOUSE ALLOTMENT SECTION

JUDGEMENT

(1.) THIS order shall also govern the disposal of Misc. Petition No. 680 of 1973 -- (S. Awatarsingh v. The Authorised Officer. Jabalpur, The said writ petition has been filed by Sardar Awatarsingh, who is respondent No. 5 in Misc. Petition No. 617 of 1973. As the facts in both the cases are common, it is convenient to dispose of both the cases by a common order.

(2.) THIS is a petition under Articles 226 and 227 of the Constitution of India by the widow and the daughter of one. Harbanslal brother of the fifth respondent, S. Awatarsingh. The petitioners challenge the order of the Authorised Officer, dated. 4-8-1973 (Petitioners' Annexure-C), directing the first petitioner to vacate the premises and allotting the premises to the third respondent, namely. J. C. Johari, dy. Superintendent of Police.

(3.) THE fourth respondent. Sushil kumar is the landlord. His father. Labbooram sharma had created the late Harbanslal as a tenant many years before and the fifth respondent. S. Awatarsingh, who is the younger brother of Harbanslal, was living with his brother and he was never a tenant of the premises. Harbanslal died in the year 1958 and after his death, the present petitioners became tenants by devolution of interests, S. Awatarsingh, who was living merely as a licensee of his elder brother, constructed his own house and has shifted there with his family. In the alternative, the petitioners claimed that they are dependants of S. Awatarsingh and as they needed the premises, they cannot be directed to vacate the quarters. We shall presently deal with these two inconsistent and contradictory claims.