Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ajit Kumar,J.
Venketeshwar Mahadeo Ji Maharaj Virajman Mandir – Appellant
Versus
Rent Control And Eviction Officer – Respondent
JUDGMENT :
Ajit Kumar, J.
1. Heard Shri Saurabh Srivastava, learned Advocate appearing for petitioner in Writ Petition No. 53050 of 2016 and Shri T.P. Singh, learned Senior Advocate assisted by Shri Siddharth Nandan, learned counsel appearing for petitioner in Writ Petition No. 53049 of 2016 and Shri Atul Dayal, learned Senior Advocate assisted by Shri Udai Chandani, learned counsel appearing for respondent.
2. These two petitions, one filed by landlord being Writ Petition No. 53050 of 2016 and the other filed by tenant being Writ Petition No. 53049 of 2016 are connected to each other and are directed against the order of vacancy and consequential order of allotment passed by Rent Control and Eviction Officer, the Designated Authority under the U.P. Urban Buildings (regulation of Letting, Rent and Eviction) Act, 1972 (for short Act No. 13 of 1972). The orders passed upon review application filed under Section 16 of Act No. 13 of 1972 and the order passed by authority in revision arising out of review- application are also under challenge. Hence both the petitions are being disposed of by this common judgment.
3. Briefly stated facts are that the proceedings under Section 12 of the Act
The court ruled that the trust in question was a private trust, rejecting claims of it being a public charitable trust, and upheld the applicability of the U.P. Urban Buildings Act.
The main legal point established in the judgment is the application of Section 12 of the U.P. Act No. 13 of 1972, which deals with the declaration of vacancy of a tenement. The judgment emphasizes th....
A tenant cannot deny the landlord's title once the landlord-tenant relationship is established; the tenant must prove lawful deposit of owed rent, and properties used for charitable purposes are exem....
The judgment establishes the principle that in statutory proceedings, the Authorities can incidentally go into the question of title to determine the proceedings before them, but the question of titl....
The court held that the Rent Control and Eviction Officer lacked jurisdiction to declare the property vacant as no landlord-tenant relationship existed between the parties.
The requisitioning of accommodation for government employees is deemed a public purpose and the courts are limited in scrutinizing such administrative actions.
The main legal point established in the judgment is that the suit was maintainable under the Indian Trusts Act, as the defendant failed to prove the absence of a jural relationship between the partie....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
