Nawab Jamshed Ali Khan v. Rent Control And Eviction Officer/City Magistrate
2016-08-09
PANKAJ MITHAL
body2016
DigiLaw.ai
JUDGMENT : 1. Heard Sri Ashish Kumar Singh, learned counsel for the petitioner and Sri Amit Gupta for respondent no. 3. 2. The dispute is regarding fixation of rent of plot No. 929 situate in Muzaffar Nagar. The petitioner applied under Section 29-A of U.P. Act No. 13 of 1972 for fixation of rent. The application was rejected by the Rent Control and Eviction Officer vide order dated 9.5.2014 and the writ petition filed against it was dismissed by me vide judgment and order dated 22.7.2014 in limine. 3. The Petitioner has now applied for review of the aforesaid judgment and order on the ground that certain observations made therein are affecting the rights of the petitioner. He further submits the observation that the petitioner is not the heir and successor of Aijaz Ali Khan is incorrect. The constructions over the aforesaid land was raised by the tenants in accordance with the terms and conditions of the lease deed. The tenants have only purchased the share of evacuee and not the entire plot. 4. For the purposes of application of 29-A of the Act it has to be established that the tenants have raised permanent constructions with the consent of the landlord. Notwithstanding the finding and observations on other aspects of the matter, a finding of fact was recorded that there is no evidence on record that any pakka constructions were raised and that too with the consent of the landlord. In addition to the above, the petitioner could not establish the relationship of landlord and tenant with regard to the land. The relationship in that regard, if any, came to an end with the purchase of the property as a whole vide sale certificate dated 19.1.1961 which was registered on 31.1.2016. 5. In view of the above, irrespective of the other things as the respondents the alleged tenants have became the owner of the property as a whole the relationship of landlord and tenant was not established and the constructions were not proved to be of pucca nature with the consent of the alleged landlord, there is no question of fixation of any rent under Section 29-A of the Act and as such the order does not require any review. 6. The review application is rejected.