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1953 Supreme(All) 52

AGARWALA, CHATURVEDI
RAM KATORI – Appellant
Versus
THE RENT CONTROL AND EVICTION OFFICER, AGRA AND ANR. – Respondent


Advocates Appeared:
B.N.MALHOTRA, P.N.BAKSHI

AGARWALA, J.

( 1 ) THIS is a petition under Article 226 of the Constitution, praying that the order of allotment of the petitioners house passed by the Rent Control and Eviction Officer, Agra, on 6-7-1951, in favour of Govind Ram opposite-party be quashed and that an ad interim injunction be issued staying the operation of the said order pending the disposal of this petition.

( 2 ) THE petitioner is the owner of house No. 3456/3557 situate in mohalla Gulabkhana, Agra. According to her, she purchased it in 1948 for her residence. At the time of purchase, the whole house was in occupation of a tenant. The house fell vacant in January, 1951, when the upper portion of that house was allotted to her by the Rent Control and Eviction Officer and the lower portion was thereafter allotted to one Jiwat Ram but Jiwat Ram vacated it soon after and then the petitioner occupied the lower portion also. On 19-1-1951, the Rent Control and Eviction Officer without consulting the petitioner, allotted the said lower portion to Govind Ram opposite party no. 2. On 22-1-1951, the petitioner applied to the Rent Control and Eviction Officer, Agra, for the allotment of the lower portion to her as she wanted













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