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1998 Supreme(All) 454

J.C.GUPTA
KANTA DEVI – Appellant
Versus
DISTRICT JUDGE, MUZAFFARNAGAR – Respondent


Advocates Appeared:
Pramod Kumar Jain

J. C. GUPTA, J.

( 1 ) ALL these writ petitions arise out of the same proceedings and hence taken up together and since counter-affidavit and rejoinder-affidavit have been exchanged, they are disposed of finally by this common order.

( 2 ) IN Writ Petition No. 17432 of 1997, a prayer has been made for quashing the order dated 5. 1. 1996 and 4. 4. 97 (Annexures-8 and 10 respectively to the writ petition) passed by respondent No. 1.

( 3 ) FACTS relevant may be stated in brief. The dispute relates to a shop. Respondent Nos. 2 and 3 of this writ petition, namely Jai Klshan and Arun Kumar (for convenience sake to be referred as j. A.) came into occupation of the disputed shop on 19. 6. 85 under a lease deed executed between them and the landlord, but admittedly without any allotment order in their favour by the District magistrate. Since provisions of U. P. Act No. XITI of 1972 (briefly, the Act) were applicable, vacancy was declared by the Rent Control and Eviction Officer (R. C. and E. O.) by his order dated 11. 10. 91 treating J. A. to be in unauthorised occupation in contravention of the provisions of the Act. The order declaring vacancy became final and the same was never challenged















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