Query:
Please provide an opinion what should be done. Secondly whether a case of eviction on the basis of arrears of rent can be instituted?
Summary facts of the present position:
The landlady/owner has purchased a building via registered sale deed in 1988 from the previous owner having bonafide title.
1) The building in question was under allotment to Government official, from time to time, for their residential purpose.
2) At the time of purchase, it was already allotted to ADJ, Bareilly and subsequently, on transfer of this allotee in 1993 the said building was allotted (1994) to his son, without the consent of present owner, in a very illegal manner and that too to a private person for very first time, by taking, fraudulently into consideration, the erstwhile owner, though they were having the knowledge of present owner.
3) In this allotment, there was a presumed rent of Rs56/-only which was never been paid to either of the landlord (previous or current) nor even in the court till yet.
4) In 1991, a complaint of deficiency of stamp duty was made for vexatious motive by an allotee’s father (i.e. ADJ Bareilly), which was also upheld by ADM Finance,
5) In 2000, the illegal allotment was challenged in the court of Rent Control & Eviction Officer (RCEO) U/S 16 of UP Act 13 of 1972 (The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972) which was dismissed in April 2008 on the grounds that this relief petition is not maintainable due to disputed title. This order was challenged in revision at District Court and was quashed in February 2009 and it was remanded back again to RCEO for disposal as per law U/S 16 of UP Act 13 of 1972, which is still pending till yet.
In the OP’s version in his WS, it was very first time come as:-
a) The said building was allotted to him by RCEO,
b) In 1994 the old dilapidated building felt to the ground and the new building was constructed by his father (previous allotment) and entered over the possession of the premises and now he is living with his father.
This release application is still pending for disposal.
6) In 2005, a suit was Injunction was filled in
7) In 2003, a relief application was instituted for Personal Need in JSCC (Laghuwad Niyalay) U/S 21 of UP Act 13 of 1972. The said application was dismissed on the grounds of:
a) no relationship of Landlord and Tenant,
b) due to valid allotment, and
c) The allotee was never accepted as tenant.
Against this dismissal order, an appeal was filled in the District Court which was also dismissed. Then, a writ petition was filled in the Honorable High Court,
Additional Information:-
1) The previous allotee (i.e. the father of present allotee)( i.e. retd. ADJ in 2001 from Etawah) is now living in disputed building and although he has purchased another building in the name of himself and his wife. In which his only son (present allotee) and his family is living.
2) In 2008, BDA (Bareilly Development Authority) caught the father of the present allotee for making illegal construction and Instituted a Criminal Offence case which is still pending in the
i. He was not the accused because he is not the allotee nor the landlord of the building,
ii. Since his son is the allotee and the other person is the landlady of the building, so he not the accused,
iii. And the dispute is still pending between the present allotee and the Landlady.
3) Presently the landlady is being living with her family in a tenanted house as a tenant.
Query:
Please provide an opinion what should be done. Secondly whether a case of eviction on the basis of arrears of rent can be instituted?
