Smt. Mehmooda Anwar (dead) by LRs. Vs. Estate Officer and Others
EmailAppeal: Civil Appeal No. 3540 of 1992
Petitioner: Smt. Mehmooda Anwar (dead) by LRs.
Respondent: Estate Officer and Others
Apeal: Civil Appeal No. 3540 of 1992
Judges: V.N. KHARE & S.N. VARIAVA, JJ.
Date of Judgment: Aug 31, 2000
Head Note:
RENT CONTROL AND EVICTION
Public Premises
Notice for eviction – Allottee, being Head Mistress, allotted accommodation – After retirement asked to vacate – Eviction orders passed – Matter taken to SLP – Death – LRs. brought on record – Rights of LRs. Held that the right to live in allotted accommodation was personal. After death, the rights do not devolve upon heirs. Hence, appeal is infructuous. However, since LR. was in possession, time given to vacate. (Para 2)
JUDGEMENT:
ORDER
1. The appellant herein, was a Head Mistress in Aligarh Muslim University Girls High School. Being a teacher, the Aligarh Muslim University who owns the property, allotted a portion of the premises in favour of the appellant. In the year 1981, the appellant retired as Head Mistress of the School. Under such circumstances, a notice was given by the University to vacate the premises on the ground that she was no longer Head Mistress in the school. Since she did not vacate the premises, the Estate Officer sent a notice to the appellant to show cause as to why she may not be evicted from the premises being in unauthorised occupation of the premises in dispute. The appellant showed cause. The Estate Officer, after considering the matter, passed an order of eviction against the appellant. The appellant, thereafter, preferred an appeal before the Additional District Judge, which was dismissed. A writ petition preferred against the said judgment, was also dismissed. It is against the said judgment, the appellant is in appeal before us.
2. During pendency of the appeal, the appellant had died and an application for substitution has been filed through Javed Saleem. It is not disputed that the right to stay in the premises which the appellant was claiming, was her personal right and after her death, it will not devolve on her heirs. Under such circumstances, the appeal is rendered infructuous. However, learned Counsel appearing for the appellant, stated that at present only Javed Saleem is in possession of the said premises and no other heirs of the appellant is residing therein. Learned Counsel stated that in case Javed Saleem is to vacate the premises immediately, he shall be put to a great hardship and, therefore, some time may be granted to him to vacate the premises. Learned Counsel, appearing for the University, has no objection to this prayer. We, therefore, direct that Javed Saleem shall not be evicted from the premises in dispute till 31st December, 2000 provided he shall not induct any person in the premises or create any third party right in the said premises. Shri Javed Saleem shall further file an undertaking in the shape of affidavit to the effect indicated above. So far as the arrears of rent and damages are concerned, it would be open to the University to take such steps as may be permissible under law.
3. The appeal is dismissed. There shall be no order as to costs.
1. The appellant herein, was a Head Mistress in Aligarh Muslim University Girls High School. Being a teacher, the Aligarh Muslim University who owns the property, allotted a portion of the premises in favour of the appellant. In the year 1981, the appellant retired as Head Mistress of the School. Under such circumstances, a notice was given by the University to vacate the premises on the ground that she was no longer Head Mistress in the school. Since she did not vacate the premises, the Estate Officer sent a notice to the appellant to show cause as to why she may not be evicted from the premises being in unauthorised occupation of the premises in dispute. The appellant showed cause. The Estate Officer, after considering the matter, passed an order of eviction against the appellant. The appellant, thereafter, preferred an appeal before the Additional District Judge, which was dismissed. A writ petition preferred against the said judgment, was also dismissed. It is against the said judgment, the appellant is in appeal before us.
2. During pendency of the appeal, the appellant had died and an application for substitution has been filed through Javed Saleem. It is not disputed that the right to stay in the premises which the appellant was claiming, was her personal right and after her death, it will not devolve on her heirs. Under such circumstances, the appeal is rendered infructuous. However, learned Counsel appearing for the appellant, stated that at present only Javed Saleem is in possession of the said premises and no other heirs of the appellant is residing therein. Learned Counsel stated that in case Javed Saleem is to vacate the premises immediately, he shall be put to a great hardship and, therefore, some time may be granted to him to vacate the premises. Learned Counsel, appearing for the University, has no objection to this prayer. We, therefore, direct that Javed Saleem shall not be evicted from the premises in dispute till 31st December, 2000 provided he shall not induct any person in the premises or create any third party right in the said premises. Shri Javed Saleem shall further file an undertaking in the shape of affidavit to the effect indicated above. So far as the arrears of rent and damages are concerned, it would be open to the University to take such steps as may be permissible under law.
3. The appeal is dismissed. There shall be no order as to costs.
