ATMA RAM SHUKLA Vs. RENT CONTROL AND EVICTION OFFICER/ADDL.CITY MAGISTRATE VTH KANPUR NAGAR AND ANOTHER

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record.

(2.) House No. 10/220 Khalasi Line, P. S. Gwaltoli, Kanapur Nagar, having several rooms, verandah at it's ground floor, first floor and third floor, is an old construction to which U.P. Act No. 13 of 1972 applies. The Petitioner claims himself to be a tenant in one room having an area of 8 x 10 feet situated at first floor which was taken on rent by his father-in-law Salig Ram prior to 1970 who was an employee of Victoria Mill Kanpur. After the marriage of his daughter Somwati with the Petitioner, Salig Ram started residing in his village-Damraj, District-Jalaun.

(3.) The case of the Petitioner is that after his marriage with the daughter of Sri Salig Ram, he began to live alongwith his father-in-law as he belongs to the village Gauhani, District-Auraiya since 1970-71 in the aforesaid one room. At present, Petitioner is posted as clerk in the office of Animal Husbandry Department at Lakhimpur Khiri where he is residing with his wife. His children have got education in various schools in Kanpur Nagar. The ration card shows names of 4 daughters as family members residing in house No. 10/220 Khalasi Line, Kanpur Nagar alongwith the Petitioner and his wife. The identity card as well as election I. D. card is also in the name of the Petitioner which have been issued on 29.1.1999 and 1.5.1995 respectively. On the basis of these documents, it is stated that Petitioner is a tenant of the accommodation in dispute as such the application filed by Respondent No. 2 for eviction of Petitioner being unauthorized occupant which is registered as Rent Case No. 32 of 2009 as well as inspection report dated 1.8.2009 made by Rent Control and Eviction Officer under Section 8 (2) of the Act are liable to be rejected.