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Dharam Veer Singh v. Rent Control Eviction Officer & Others - WRIT - A No. 6924 of 1984 [2006] RD-AH 6617 (27 March 2006)


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(Court No. 51)

Civil Misc. Writ Petition No. 6924 of 1984

Dharamvir Singh Versus R.C & E.O Aligarh and others.

Hon'ble S.U.Khan J

On the basis of Office report dated 7.4.2005, service is held to be sufficient upon respondents.

This is tenant's writ petition directed against vacancy declaration order dated 3.5.1984 passed by R.C.& E.O, Aligarh in case No. 127 of 1983. Petitioner at that time was employed as Inspector in U.P. Police. He was transferred from Aligarh where accommodation in dispute is situate to another city hence vacancy was sought to be declared. House in dispute was allotted to the petitioner on 1.9.1969. Vacancy was declared on the ground that petitioner had been transferred to another city where he must have been allotted a house. However apart from presumption, no evidence was brought on record to show that at the place of posting of the petitioner at the relevant time he had been given official accommodation. Rent Control Inspector inspected the property in dispute on 27.12.1983 and found that family of the petitioner was residing in the said house. Vacancy cannot be declared on the basis of presumption hence impugned order is bad in law.

Respondent No.2, Bhuvanendra Sarang on whose allotment application proceedings were initiated has left Aligarh city as is apparent from the report of Post Office on the notice sent to him. Landlord respondent No.3 has also not appeared. Landlord had not filed any release application. It appears that respondent No.2 is no more interested in allotment.

In view of the above writ petition is allowed. Impugned judgment and order of R.C & E.O declaring vacancy is set-aside.

I have held in Khursheeda Vs. A.D.J 2004(2) ARC 64 that while granting relief against eviction to the tenant in respect of building covered by Rent Control Act, writ court is empowered to enhance the rent to a reasonable extent.

From the Inspector's report dated 27.12.1983, annexure 1 to the writ petition, it is clear that house in dispute contains five rooms, two verandahs, storeroom, kitchen, bathroom and Aagan etc. Rent of Rs. 100/- per month for such a house situate at Marris road, Aligarh (para 1 of the writ petition) is virtually as well as actually no rent.

Accordingly, it is directed that with effect from April 2006 onwards, tenant petitioner shall pay rent to the landlord respondent at the rate of Rs. 2000/- per month inclusive of all taxes. No further amount shall be payable by the tenant.




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