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2014 DIGILAW 2382 (ALL)

Abdul Jalil Khan v. Rent Control And Evicition Officer/District Supply

2014-08-07

PANKAJ MITHAL

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JUDGMENT Pankaj Mithal,J. List has been revised. 2. Heard Sri M.A.Qadeer, Senior Advocate, appearing for the petitioner. 3. No one has appeared for the respondents. No counter affidavit has also been filed. 4. Petitioner has challenged the order dated 25.10.2007 passed by the Additional District Judge allowing revision No.4 of 2007 Smt. Qaisar Jahan and others Vs. Abdul Jalil and others. 5. It appears that the tenant of the ground floor of house No.7/545, Chatari Compound, Rasal Ganj, City and District Aligarh acquired another accommodation in the city and, therefore, petitioner/landlord moved to the Rent Control and Eviction Officer for declaring it to be vacant and for its release. The vacancy was declared on 17.4.2006 and ultimately an order of release in favour of the petitioner/landlord was passed on 18.9.2006. In pursuance of the release order, petitioner applied for issuance of Forms - C and D so that he may be put in possession of the disputed premises. The Rent Control and Eviction Officer on 25.10.2006 passed an order for issuing Form - C. Thereafter Smt. Qaisar Jahan, former wife of the petitioner/landlord filed an application that she has been put in possession of the said premises and her possession may be recognised. The said application was rejected vide order dated 18.6.2007. Against the said order she filed a revision and the same has been allowed by the impugned order dated 25.10.2007. 6. The very first submission of Sri Qadeer is that the order dated 18.6.2007 was not revisable. 7. Section 18 of the U.P. Act No.13 of 1972is the only provision which provides for revisable orders. It provides that any person aggrieved by final order passed under Section 16 or 19 of the Act may prefer a revision before the District Judge on the grounds mentioned therein which are similar to those contained in Section 115 C.P.C. 8. A plain reading of Section 18 of the Act reveals that only final orders passed under Section 16 and 19 are revisable. 9. Section 16 of the Act contemplates for order of allotment and release of the buildings which have been declared to be vacant. Section 19 of the Act, at the same time, refers to re-allotment of the building in the event of abuse of the release order by the landlord. 10. 9. Section 16 of the Act contemplates for order of allotment and release of the buildings which have been declared to be vacant. Section 19 of the Act, at the same time, refers to re-allotment of the building in the event of abuse of the release order by the landlord. 10. The order dated 18.6.2007 rejecting application of Qaisar Jahan for recognising her possession is not an order which falls under Section 16 or Section 19 of the Act and, as such, is not revisable under Section 18 of the Act. 11. In view of the aforesaid facts, the order passed by the revisional court is patently without jurisdiction and is liable to be set aside. 12. Accordingly, the impugned order dated 18.6.2007 is quashed and the writ petition is allowed.