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1998 Supreme(All) 903

J.C.GUPTA
JHABBO LAL – Appellant
Versus
DISTRICT JUDGE, DEHRADUN – Respondent


Advocates Appeared:
H.E.Rastogi, L.P.NAITHANI, MURLIDHAR, Rishi Ram, S.K.GARG, Sanjai Misra, Shashi Kant, V.P.MISRA, VIRENDRA SINGH

J. C. GUPTA, J.


( 1 ) THIS is landlords writ petition arising out of the judgment and order dated 13. 4. 1983 passed by respondent No. 1. The dispute relates to a residential accommodation situate at 22. Subhash road, Dehradun. In the year 1952 the disputed accommodation was let out to the U. P. branch of the "harijan Sewak Sangh" (an organisation looking after the welfare of weaker section), through the Honarary Secretary, respondent No. 2 who besides running the office of the Sangh in the disputed accommodation also used a major portion of the same as his residence since the inception of the tenancy and paid rent to the landlord. The Sangh shifted its office lock stock and barrel from Dehradun to Lucknow in the year 1965 and left accommodation in question in the sole occupation of respondent No. 2. With the shifting of the office, the respondent No. 2 who was the Honorary Secretary ceased to have any concern with or interest in the activities of the sangh but he continued to be in occupation of the disputed house and himself paid rent to the landlord till the year 1977.

( 2 ) ON 6. 12. 1978, the respondent No. 2 moved an application before the Rent Control and eviction Officer. D




























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