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2023 Supreme(All) 1689

J. J. MUNIR
Rajendra Singh Jayas – Appellant
Versus
Vishal Khurana – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Pankaj Agarwal, Advocate
For the Respondent:Mr. Randhir Jain, Advocate

JUDGMENT :

1. This petition under Article 227 of the Constitution is directed against an order of vacancy followed by release passed by the Rent Control and Eviction Officer, Mathura in exercise of powers under Section 12/16 of UP Act No.13 of 1972 (for short, 'the Act'), which has been affirmed in revision under Section 18 of the Act by the learned Additional District Judge.

2. The facts giving rise to this petition are these:

An application for allotment of house bearing No. C-55 (new No.212/ 55-C), Radha Nagar, Mathura, was moved before the Rent Control and Eviction Officer, Mathura by Omveer Saraswat son of B.D. Saraswat. The premises last mentioned, shall hereinafter be called, 'the property in dispute'. Upon registration of the application for allotment on the file of the Rent Control and Eviction Officer, an inspection was carried out by the Rent Control Inspector. The Rent Control Inspector submitted his report dated 08.08.2014, which says, in substance, that at the time of inspection, the Rent Control Inspector found Rajendra Singh Jayas at the site. According to the Inspector, Rajendra Singh Jayas facilitated his inspection and informed him that he (Jayas) is the owner and l

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