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2008 Supreme(All) 1789

S.U.KHAN
NEELAM SINGH KUMARI – Appellant
Versus
1ST ADDITIONAL DISTRICT JUDGE VARANASI – Respondent


S. U. KHAN, J.

Heard learned Counsel for the parties.

2. Petitioner is daughter of Respondent No. 2 Mohan Singh. Respondent Nos. 3 and 4 namely Banwari Lal and Murari Lal are the landlords. Mohan Singh Respondent No. 2 himself initiated proceedings for allotment in respect of property in dispute under Sections 12 and 16 Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the form of Case No. 61 of 2001 alleging that it was vacant. Rent Control and Eviction Officer/additional District Magistrate (Civil Supplies), Varanasi declared the property in dispute to be vacant through order dated 21. 2. 2005. The allotment application was in respect of four rooms on the ground floor of house No. D-38/125 Hauj Katora Dashaswamegh, Varanasi. Rent Control Inspector had reported that several rooms in the building on ground and first floors were in occupation of applicant Mohan Singh. Before RCI it was stated on behalf of landlord that property in dispute was a Guest House belonging to the landlord and Mohan Singh was Manager of the Guest House and after closure of the Guest House Mohan Singh was continuing in possession. On the next visit of RCI Mohan Singh state











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