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1988 Supreme(All) 263
HIGH COURT OF ALLAHABAD
S.D. AGARWALA, J.
Mohd. Abdul Nairn Qureshi - Appellant
Versus
Ivth Addl. District Judge, Aligarh - Respondent
Civil Misc. Writ Petition no. 4364 of 1981
Decided on : May 05, 1988
M.A. Qadeer, Dilip Gupta
The Rent Control and Eviction Officer has no jurisdiction to pass an allotment order in respect of an evacuee property. Property belonging to a recognized educational institution is exempt from the provisions of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. An allotment order obtained by fraud and misrepresentation is liable to be revoked.
Headnote:
EVACUEE PROPERTY - ALLOTMENT - JURISDICTION OF RENT CONTROL AND EVICTION OFFICER - PROPERTY BELONGING TO UNIVERSITY - EXEMPTION FROM PROVISIONS OF U. P. URBAN BUILDINGS (REGULATION OF LETTING, RENT AND EVICTION) ACT, 1972 - ALLOTMENT ORDER OBTAINED BY FRAUD AND MISREPRESENTATION - REVOCATION.
Fact of the Case:
The dispute related to a property known as 'Peeli Kothi', which was originally owned by Sir Syed Ahmad Khan, the founder of Aligarh Muslim University. After the heirs of Sir Syed Ahmad Khan migrated to Pakistan, the property was declared as evacuee property and vested in the custodian. The University approached the Central Government for its transfer in favor of the University, which was acceded to. The property was auctioned in 1960 and the bid of the University was accepted. A sale certificate was issued on 31st October 1960 and a conveyance deed was registered on 14th January 1972. The petitioner, a former employee of the University, obtained an allotment order for the accommodation in dispute on 6th November 1970, which was later set aside by the Rent Control and Eviction Officer on the ground that it was obtained by fraud and misrepresentation.
Finding of the Court:
The court held that the Rent Control and Eviction Officer had no jurisdiction to pass the allotment order in favor of the petitioner as the property was still an evacuee property on that date. The court also held that the property was exempt from the provisions of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, as it belonged to a recognized educational institution, namely, Aligarh Muslim University. The court further held that the allotment order was obtained by fraud and misrepresentation and was therefore liable to be revoked.
Issues: 1. Whether the Rent Control and Eviction Officer had jurisdiction to pass the allotment order in favor of the petitioner when the property was still an evacuee property? 2. Whether the property was exempt from the provisions of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, as it belonged to a recognized educational institution? 3. Whether the allotment order was obtained by fraud and misrepresentation?
Ratio Decidendi: 1. The court held that the Rent Control and Eviction Officer had no jurisdiction to pass the allotment order in favor of the petitioner as the property was still an evacuee property on that date. The court relied on Section 4(2) of the Administration of Evacuee Property Act, 1950, which provides that nothing in any other law controlling the rents of, or evictions from, any property shall apply, or be deemed ever to have applied, to evacuee property. 2. The court held that the property was exempt from the provisions of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, as it belonged to a recognized educational institution. The court relied on Section 20(1)(b) of the Act, which provides that the Act shall not apply to any building belonging to or vested in a recognized educational institution, and Section 3(q) of the Act, which defines 'recognized educational institution' as any University established by law in India. 3. The court held that the allotment order was obtained by fraud and misrepresentation. The court relied on the findings of fact recorded by the authorities below that the petitioner had obtained the allotment order by misrepresenting his employment status with the University.
Final Decision: The petition was dismissed and the interim order dated 3-3-81 was vacated.
S.D. Agarwala, J.
1. This is a petition under Article 226 of the Constitution of India. The dispute relates to house no. 4/30/3, situate at Mohalla Dodhpur, Aligarh. This is popularly known as 'Peeli Kothi'. This Peeli Kothi and another main building is popularly known as 'Sir Syed House'. They are within one compound. They originally belonged to Sir Syed Ahmad Khan, the founder of the Aligarh Muslim University. After the heirs of Sir Syed Ahmad Khan migrated to Pakistan, the said property was declared as evacuee property and the said property vested in the custodian by virtue of an order dated 15th July, 1955. Since it belonged to the founder of the University, the University approached the Central Government for its transfer in favour of the Aligarh Muslim University as the University was taken to have the same for solmen purpose of establishing ' Founder Memorial '. The Central Government acceded to this request and also provided funds for its purchase by the University. In the year 1960, a public auction was held and the bid of the University was accepted. A sale certificate was issued consequently, on 31st October 1960 and in consequence thereof, the conveyance deed dated 22nd September, 1971 was prepared and was registered on 14th January, 1972. The disputed property was temporarily given to Syed Zafaryab Hussain Zaidi as he was on deputation as accounts officer in the University. He was only permitted to occupy the accommodation during the term of his service in the University. He was living in this accommodation merely as a licensee and not as a tenant. When Mr. Zaidi vacated the accommodation, the University took possession of the same.
2. The petitioner previously was an employee of the University and the allotment committee of the University, on his request, by virtue of his being a University employee, allotted another accommodation to him for his occupation as an University employee during the term of his service. The accommodation which was allotted to him, was a portion ' C ' of a kothi known as ' Safdar Manzil After the services of the petitioner were terminated, he was required to vacate the accommodation. He did not do so and, consequently, a suit was filed against him and he was evicted in pursuance of the decree passed by the court below.
The petitioner without disclosing this fact that he has been evicted from the Safdar Manzil as his services were ceased with the University applied for allotment of the accommodation in dispute. The allotment order was passed on 6th November, 1970. On 23rd November, 1970 when the University came to know of the same, it filed objections to the effect that the accommodation could not be allotted by the Rent Control and Eviction Officer and the allotment order was obtained on the basis of misrepresentation and fraud. Consequently, the operation of the allotment order was stayed on 23-11- 1970, but before the order was stayed, the petitioner, on 21-11-1970 broke open the locks of the accommodation and took possession of the same. The objections of the University were initially dismissed by the Rent Control and Eviction Officer. Against the said order, the University filed an appeal in the court of the District Judge, Aligarh. The District Judge, Aligarh allowed the appeal and remanded the matter to the Rent Control and Eviction Officer for disposal of the application of the University in accordance with law. This order was passed on 13th November 1973. After remand, the Rent Control and Eviction Officer set aside the allotment order made in favour of the petitioner dated 6-11-1970 on the ground that it was obtained by fraud and mis-representation. This order was passed on 4th July, 1979. A revision was filed against the said order under section 18 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act). The said revision was dismissed by the IVth Additional District Judge, Aligarh on 11-12-1980 upholding tha
