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1958 Supreme(All) 8

S.S.DHAVAN
HAJI ABDUL SHAKOOR – Appellant
Versus
THE RENT CONTROL AND EVICTION OFFICER, KANPUR AND ORS. – Respondent


Advocates Appeared:
G.S.PATHAK, R.S.PATHAK, S.N.KAKKAR, SHAMBU PRASAD

S. S. DHAVAN, J.

( 1 ) THIS is a petition under Article 226 of the Constitution praying for the quashing of an order of rent Control and Eviction Officer Kanpur (respondent No. 1) dated 10-9-1956, declaring a godown belonging to the petitioner as vacant for allotment, and for a writ in the nature of mandmus commanding the aforesaid Officer to withdraw the impugned order and not to continue the allotment proceedings in respect of the house.

( 2 ) THE petitioner, Abdul Shakoor is the owner and landlord of the premises in dispute known as no. 95/32 Pechbagh Kanpur. The respondent No. 1 is the Rent Control and Eviction Officer, kanpur and the respondent No. 2 the District Magistrate of Kanpur. The respondents 3, 4, 5 and 6 are persons who made applications for allotment of the house and are rival claimants.

( 3 ) THE relevant facts, as stated in the petitioners affidavit, are these. The property in dispute is a godown which is a part of the premises No. 95/32 Pechbagh Kanpur mentioned above. The petitioner is in possession of a portion of the premises and residing in it. There was some dispute between various persons and the petitioner about this godown, which is not relevant to the pr














































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