Surya Prakash Kesarwani, J.

Heard Sri Ravi Kant, learned senior counsel assisted by Sri Rishab Agarwal, learned counsel for allottee-petitioners, learned standing counsel for respondent No.2 and Sri Kshitiz Shailendra, learned counsel for respondent Nos.4 and 5.

2. Respondent No.6 Sri Din Dayal Kayan has been impleaded as proforma respondent.

Questions Involved:-

(a) Whether in allotment proceedings, the provisions of the UP Act XIII of 1972 and the Rules framed thereunder, were observed?

(b) Whether the allotment order dated 25.8.2006 was the result of fraud and collusion?

(c) Whether the review application filed by landlord-respondent under Section 16(5) of the Act was barred by limitation?

(d) Whether the revisional court exceeded its jurisdiction to pass the impugned judgment under Section 18 of the Act and whether it was justified for the revisional court to enter into the merits of the case when the review application was rejected on the ground of limitation?

Original Records Produced:

3. Learned Standing Counsel has filed an affidavit of the respondent No.2, which is taken on record. On earlier occasions as well as today, he has produced the following records:

(i) File of Case No.76 of 1998 (Bhushan Narang vs. Sita Ram Kayan) allotment order dated 02.05.1998 for allotment of disputed shop being Property No.6/336, Belanganj, Ward Chhatta, Agra under Section 16(1)(a) of U.P. Act XIII of 1972 and the allotment letter dated 04.05.1998 issued by the Additional District Magistrate (Civil Supplies/Rent Control and Eviction Officer), Agra, whereby shop in question was allotted to the respondent No.3.

(ii) File of Case No.105 of 2006 (Vishal Bansal, Priti Bansal vs. Din Dayal Kayan) of allotment order dated 25.08.2006 and allotment letter dated 31.08.2006 of the disputed shop being Property No.6/336, Belanganj, Ward Chhatta, Agra under Section 16(1)(a) of U.P. Act XIII of 1972 in favour of the petitioners herein.

(iii) File of Review Application/Case No.25 of 2012 (Bhushan Narang vs. Vishal Bansal and others) rejected by order dated 06.08.2016 passed by the Additional District Magistrate (Civil Supplies)/Rent Control and Eviction Officer, Agra, from which petition arose.

4. These records have been shown to the learned counsel for the parties. After perusal of these records by learned counsel for the parties and by the Court, it has been returned to the learned standing counsel.

FACTS:-

5. Briefly stated facts of the present case are that one Sri Sita Ram Kayan was the original owner and landlord of the disputed shop being property No. 6/336, Balanganj, Agra, which was allotted by the Rent Control and Eviction Officer, Agra to the respondent No.3 by allotment order dated 02.05.1998 and the allotment letter dated 04.05.1998 was accordingly issued to him to occupy the disputed shop as tenant. After the death of Sita Ram Kayan, the aforesaid property was succeeded by his son Sri Din Dayal Kayan who sold the disputed shop to the respondent No.3 by a registered sale deed dated 17.02.1999. The respondent No.3 was carrying on business from the said shop. According to the respondent No.3, due to some financial problem, he had let out the disputed shop to one Sri Surendra Kumar Sahani in the year 2006 and took certain advance money adjustable towards future rent. According to him, the aforesaid Surendra Kumar Sahni permitted the petitioner No.1 herein to run business with him in the disputed shop, but, secretly and fraudulently, the petitioner No.1 moved an application dated 21.07.2006 for allotment of the disputed shop before the RC & EO, Agra in which he falsely and with malafide intention mentioned the name of owner as “Din Dayal Kayan”. Without any evidence of ownership or inquiry in this regard and without any notice to the owner, the shop was secretly and fraudulently allotted to the petitioners. According to the respondent Nos.3, 4 and 5, after adjustment of the advance money when the respondent No.3 demanded rent in the year 2012, then