Balbir Singh v. Rent Control and Eviction Officer, Bijnor
1968-10-17
M.H.BEG
body1968
DigiLaw.ai
JUDGMENT M.H. Beg, J. - This writ petition is directed against an order cancelling an allotment order passed in favour of the petitioner on 25th January, 1966. The allotment order mentioned in paragraph 4 of the petition indicates that it had been passed after giving notices to the contesting owner of the premises, opposite party No. 2. The Petitioner occupied the shop in pursuance of the allotment order and alleged that he had invested money in setting up a business in that shop. Apparently the case of the owner of the property is that the petitioner has been set up by the previous tenant Kanhaya Lal against whom a decree was passed. The Rent Control and Eviction Officer cancelling the previous order dated 14th March, 1966 has observed that the allottee Balbir Singh is not related to Kanhaya Lal. It was also held by the Rent Control Office that the owner of the premises does not require shop for herself. The Rent Control and Eviction officer, nevertheless, cancelled the allotment order "for the time being". The order passed by the Rent Control and Eviction officer was quite illegal. There is no provision in the Rent Control and Eviction Act for passing such an order for cancelling of the previous allotment order for the time being. 2. I, therefore, set aside the order passed by the Rent Control and Eviction officer dated 14th March, 1966 cancelling the previous allotment order without any finding that there is any fraud or collusion to which the petitioner was a party. It will, however, be open to the Rent Control and Eviction officer to go into the question whether the allotment order was obtained by fraud or misrepresentation and was passed under a misapprehension.