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1998 Supreme(All) 1152

SUDHIR NARAIN
JAGDISH PRASAD AND OTHERS – Appellant
Versus
MAHARAJ KASHI RAJ DHARAM KARYA NIDHI – Respondent


Advocates Appeared:
Rama Devi Gupta

SUDHIR NARAIN, J.


( 1 ) THIS writ petition is directed against the order dated 18. 11. 1981 passed by the Rent Control; and Eviction Officer declaring the disputed premises as vacant and thereafter the order of release dated 30. 1. 1982 in favour of the landlord respondent and the order of the revisional authority dated 21. 7. 1982 affirming the said order in revision.

( 2 ) THE dispute relates to the house known as Jamuna Mahal, Katghar, Allahabad, Maharaj Kashi raj Dharam Karya Nidhi, Durg Ram Nagar, Varanasi was its owner. One Mangala Prasad on behalf of respondent No. 1 filed an application for release of the disputed accommodation alleging that the petitioners are unauthorised occupants of the various portions of the house in question. Ramesh Chandra, Manager of the trust, respondent No. 1, appointed as caretaker Rama shankar Lal Srivastava on 26. 4. 1979 on monthly salary of Rs. 150 but he was not given any power to induct any tenant. The property was to be utilised for the purpose of the trust. The services of Rama Shankar Lal were terminated on 13. 4. 1980. He hardly worked for one year as caretaker on behalf of the Manager and he was removed as his work and conduct was not













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