High CourtsSingle Bench(2005) 05 AHC CK 0038

Kallu and Others and O.P.S. Malik vs The Rent Control and Eviction Officer and Others

Allahabad High Court · Decided on 3 May 2005

HON’BLE JUDGES
S.U. Khan, J
CASE NUMBER
Review Petition No. 70879 of 2005 in Civil Miscellaneous Clarification Application No. 5017 of 2005 in Civil Miscellaneous Writ Petition No. 21874 of 2001

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Judgment

5 paragraphs · 253 words

S.U. Khan, J.—The above noted clarification application was filed by occupants of servant quarters and was dismissed by me on 23.2.2005. Through the instant review petition, it has been argued that through the allotment order dated 17.3.1993 only that portion was allotted to Sri O.P.S. Malik which was in the occupation of Smt. Sayyada Farqui which did not include servant quarters.

2.

In my order dated 23.2.2005, I specifically mentioned that in S.C.C. suit No. 19 of 1982 filed by landlord against previous tenant Sayyada Faruqui the occupants of servant quarters were impleaded as subtenants. The suit was decreed and against the said decree no revision etc. was filed by the occupants of servant quarters. In the judgement of suit dated 27.4.1985, it was held by JSCC that occupants of servant quarters were sub-tenants.

3.

Learned counsel further argued that in writ petition No. 8531 of 1993 filed by the landlord it was stated in para 19 that out houses/servant quarters in occupation of several sub-tenants were not to be vacated as per intimation sent by Sayyada Faruqui respondent No. 1 in the said writ petition. Intimation of Sayyada Faruqi was not relevant circumstance taken into consideration in my judgment dated 25.10.2004. Even otherwise statement/intimation of Sayyada Faruqui can not have any bearing upon the right of the landlord. Moreover the said writ petition (Writ Petition No. 8531 of 1993) was dismissed on 4.5.1993.

4.

I accordingly do not find any ground to review my order dated 23.2.2005.

Review petition is therefore dismissed.