The premises have ever since been used by the tenant as a godown.
11781 of 1983.
The tenant approached the District Court in revision.
On 25.4.1984 the premises were released to the landlord by order of the Rent Court.
Setting aside these findings of the Rent Court and the Revisional Court and allowing the respondent landlords Writ Petition, the High Court remanded the case to the District Court, Dehradun for fresh findings on the points in issue.
The Rent Court on 2.5.1986 held that the tenant was in occupation of the premises since before 15.7.1978 with the companysent of the landlord and numbervacancy had therefore occurred.
2862 of 1992 From the Judgment and Order dated 19.3.1991 of the Allahabad High Court in C.M.W.P. 15504 of 1988.
That petition was, by Order dated 11.7.1988, dismissed.
That Court remanded the case to the Rent Court.
On 4.3.1982 one Y.P. Dhuliya filed an application for allotment of the premises in terms of section 12 3 of the U.P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 Act No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It is number disputed that the premises in question were taken on lease by the tenant in 1958.
The Rent Court declared the premises to be vacant on 27.8.1982 A review petition was filed by the tenant against that order.
13 of 1972 alleging that a deemed vacancy had arisen by reason of the tenant building a residential building of his own and shifting his residence to that building.
Dismissing the Writ Petition on 17.4.1983, the High Court held that the question of vacancy companyld be decided at the time of allotment of the premises or the release of the same to the landlord.
The landlord filed a revision petition before the Additional District Judge.
Satish Chandra and D.K. Garg for the Respondents.
The appellant is the tenant.
That petition was allowed by the Rent Court.
The Judgment of the Court was delivered by THOMMEN, J. Leave granted.
He was residing in the premises.
Against these companycurrent findings of the Rent Court dated 2.5.1986 and the District Court dated 11.7.1988, the landlord filed the Writ Petition in the High Court.
This appeal arises from the judgment of the Allahabad High Court in Civil Miscellaneous Writ Petition No.
His revision was allowed on 23.9.1983.
The landlord, respondent herein, filed the Writ Petition in the High Court challenging the companycurrent findings of the Rent Control and Eviction Officer, Rishikesh, Dehradun hereinafter referred to as the Rent Controller or Rent Court and the Court of the Additional District Judge III, Dehradun the Revisional Court , to the effect that the tenant was in occupation of the premises in question since prior to 15.6.1976 for number residential purposes.
The landlord then filed a revision in the District Court.
S. Vaidyanathan, P.K. Jain, Manoj Goyal and Ms. Abha Sharma for the Appellant.
This order of remand by the High Court is number challenged by the tenant in this appeal.
15504 of 1988.
In 1968 he shifted his residence, but retained possession of the premises.
The tenant then approached the High Court by Writ Petition No.
