RADHAKISHAN TEMPLE, SIHORA Vs. S.D.O., SIHORA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for quashing the order of allotment in favour of Respondent No. 2 in respect of a house belonging to the Petitioner, i.e., Shri Radhakishan Temple, Sihora, the landlord.

(2.) THE petition came to be made in the following circumstances. One Vishnuprasad, a tenant of the premises in question, created a sub -tenancy in favour of Respondent No. 2, Dayal Chand, without the written consent of the landlord as required by Clause 12 -A of the Madhya Pradesh Letting of Housees and Rent Control Order, 1949. The landlord, therefore, applied for and obtained an order from the Rent Controller to determine the tenancy of Vishnuprasad. He then filed a civil suit (Civil Suit No. 4 -A of 1957) for his ejectment, in which he also joined Respondent No. 2, the sub -tenant, as a party Defendant.

(3.) WHEREAS information has been laid before me that the house No. 69 of ward No. 5 is likely to full vacant, it is allotted to refugee (displaced person) Shri Dayalchand son of Lala Doulat Ram under Clause 24 -A of the Rent Control Order on vacation on usual rent.