ASHOK KUMAR & ORS. versus I ADDITIONAL DISTRICT JUDGE, NAINITAL & ORS.

ASHOK KUMAR & ORS. versus I ADDITIONAL DISTRICT JUDGE, NAINITAL & ORS.

An application for release/allotment under section 16(1)(a) of the U.P. Urban Buildings Act can be made before actual vacancy occurs, and where an individual has no established claim or possession, he need not be heard by the Eviction Officer after delivery to landlord and notification of vacancy.

Parties
Appellant: Ashok Kumar & Ors.; Respondent: I Additional District Judge, Nainital & Ors.; Respondent No. 3: Harbans Singh
Jurisdiction
India
Judgment Date
09 January 1981
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment Dismissing Writ Petition
Outcome
appeal allowed; judgment of High Court and Appellate Authority/District Judge set aside; order of Eviction Officer releasing accommodation to appellant restored
Legal Topics
Eviction, Allotment of Premises, Scope of Section 16(1)(a), Rent Control
Property Law Landlord Tenant Law Eviction Allotment of Premises Scope of Section 16(1)(a) Rent Control

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Parties

Ashok Kumar & Ors.

Appellant

I Additional District Judge, Nainital & Ors.

Respondent

Harbans Singh

Respondent No. 3

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment Dismissing Writ Petition

Legal Issues

  1. 1 Whether the landlord's application under section 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for release of accommodation was maintainable before actual physical vacancy.
  2. 2 Whether respondent no. 3 (Harbans Singh) had a right to be heard by the Eviction Officer after possession was delivered and vacancy notified.

Ratio Decidendi

An application for release/allotment under section 16(1)(a) of the U.P. Urban Buildings Act can be made before actual vacancy occurs, and where an individual has no established claim or possession, he need not be heard by the Eviction Officer after delivery to landlord and notification of vacancy.

Court Disposition

appeal allowed; judgment of High Court and Appellate Authority/District Judge set aside; order of Eviction Officer releasing accommodation to appellant restored

Orders

  • judgment of Allahabad High Court in Writ Petition No. 1086/76 dated 16-11-1978 set aside
  • judgment/order of District Judge (Appellate Authority) set aside