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1960 Supreme(All) 316

V. D. BHARGAVA
Syed Kasim Husain – Appellant
Versus
Rent Control and Eviction Officer – Respondent


Advocates appeared:
S.C. Khare, For the Appellant / R.C. Verma and Standing Counsel, For the Respondent

JUDGMENT

V.D. Bhargava, J. - This is a petition under Article 226 of the Constitution filed by Syed Qasim Husain who is the landlord of the premises in suit.

2. The Petitioner was employed in the Education Department as an Assistant Master in the Government Higher Secondary School, Pratapgarh. He retired from Govt. service in July 1952, but he was re employed as Principal in the Higher Secondary School Shahganj, Pratapgarh. He worked there till July 1958. He wanted to establish his family after his retirement at Allahabad and he had purchased a house in the year 1940, No. 117, Chak, Allahabad. After his final retirement his house was not vacant. He put up with his father in law, Wasi Ahmad, who had been residing in the house fell into arrears of rent. Therefore a suit was brought by the Petitioner for ejectment. It was decreed on 20-2-1953. On 25-21958, i.e. soon after the decree for ejectment was passed, the Petitioner made an application for the release of the house in his favour as the same was to fall vacant. Three days later, on 23-2-1958 he made another application detailing his needs. The Inspector of the Rent Control and Eviction Office made an inspection and gave his report

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