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2009 Supreme(UK) 464

PRAFULLA C.PANT
DEVI LAL SAH (SINCE DECEASED) – Appellant
Versus
ADDITIONAL DISTRICT MAGISTRATE (E)/RENT CONTROL AND EVICTION OFFICER, NAINITAL – Respondent


For the Petitioner:Mr. H.P. Srivastava, Advocate along with Mr. S. Vashistha & Mr. V.K. Kaparwan, Advocates
For the Respondents:Mr. L.P. Naithani, Mr. B.C. Pandey and Mr. M.C. Kandpal, Sr. Advocates assisted by Mr. B.D. Pande and Mr. Anurag Bisaria, Advocates

JUDGMENT

By means of this petition, the petitioners have sought writ in the nature of certiorari quashing the order dated 18.12.1999 (copy Annexure-6 to the writ petition), passed by respondent No. 1 i.e. Additional District Magistrate (E)/Rent Control and Eviction Officer (for short RCEO), rejecting the release application of the landlord, and order dated 25.01.2000 (copy Annexure-8 to the writ petition), passed by said authority, whereby building known as Standard Hotel has been allotted to Bhupal Singh Bhakuni (respondent No. 2). A mandamus has also been sought directing the respondents to handover immediate possession of House No. 166-67, Upper Floor, Standard Hotel, Mallital, Nainital.

2. Heard learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit filed on the record.

Facts of the Case :

3. Brief facts of the case are that petitioners are landlords of building known as Standard Hotel, bearing Municipal Board No. 166-67 (Upper Storey), Mallital, Nainital. Previously, respondent No. 3 Joseph Menzes and his sister were tenants in said accommodation, after death of their mother (original tenant). Proceedings were initiated by Competen

























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