RADHA KRISHNA Vs. RAJ KUMAR GUPTA

JUDGEMENT

(1.) This writ petition is directed against the order dated 16.9.2008 and 19.6.2008 passed by the Rent Control and Eviction Officer (In short 'R.C.E.O.') and order dated 26.7.2010 passed by the Additional District Judge Court No. 13, Kanpur Nagar in Rent Revision No. 3 of 2009 whereby the premises in dispute has been declared vacant and released in favour of the respondents-landlords. The brief facts of the case are as follows;

(2.) Learned Counsel for the petitioners has submitted that the petitioners are the legal heirs of the original tenant Shobhraj, after his death, the tenancy was inherited by them along with their mother. He further submitted that no notice under Rule 8(2) of the Rules, 1972 was ever served upon the petitioner No. 1. It was further submitted that R.C.E.O. has not assigned any reason for declaring the vacancy and by a non-speaking order the disputed Premises No. has been declared vacant. He further submitted that the order dated 20.5.2005 passed by this Court in Writ Petition No. 170 of 2004, Purushottam Das v. Rent Control and Eviction Officer, whereby the order of vacancy with respect to first floor portion was confirmed by this Court has no bearing whatsoever on the issue in hand. He further submitted that the petitioner No. 2 has neither acquired the House No. 271A, Gujaini, Kanpur Nagar nor has shifted into it.

(3.) Heard the learned Counsel for the petitioner and perused the material available on record.