JUDGMENT :

Before venturing to answer the respective arguments, as it has been extended by the learned counsel for the parties, this Court feels it apt to precisely deal with the respective cases, as pleaded and argued by the learned counsel for the parties.

2. The instant writ petition, under Article 227 of the Constitution of India, has been preferred by the petitioners/landlord by invoking its supervisory jurisdiction, as against the impugned order dated 27.11.2008, as it has been rendered in Case No. 1 of 1998 by the Rent Control and Eviction Officer, Mussoorie, District Dehradun.

3. It is not in controversy, that the predecessor of the present petitioners and the petitioners themselves are the owners and co-owner and accordingly they are recorded landlords of the property in question, commonly called as “Shanty, Hamilton House Estate Landour Cantt. Mussoorie”, (hereinafter to be called as tenement in dispute). The learned counsel for the respondent contends, that the respondents, are the allottees of the premises in question by virtue of an order passed under Section 16 of the U.P. Act No. 13 of 1972, by the Court and hence they claim that they are legally in occupation of the pr