HIRDAI NARAIN MISRA Vs. RAJ NARAIN SHUKLA

JUDGEMENT

(1.) In this petition, the dispute relates to Premises No. 119/216E (new No. 119/468) Om Nagar, Darshanpurwa, Kanpur Nagar (hereinafter referred to as the "tenanted house") of which respondent No. 1 Ram Narain Shukla is the owner-landlord. The petitioner-Hirdal Narain Misra, it is an indubitable fact, has been the tenant of a portion of ground floor of the said house for the last more than four decades. It is also an admitted fact that the petitioner-tenant was allotted on lease House No. 14-L/2 Daboli, Kanpur Nagar (hereinafter called as "Daboli House") by the Kanpur Development Authority. The landlord moved an application on 23.4.1999 before the Rent Control and Eviction Officer/Additional City Magistrate-VI Kanpur Nagar for releasing the tenanted accommodation as a "deemed vacancy" has arisen on account of acquisition of Daboli House within the municipal limits of Kanpur nagar in a vacant state by the tenant-petitioner. After obtaining the report of the Rent Control Inspector dated 14.6.1999, a vacancy in respect of the tenanted accommodation was declared by order dated 29.5.2000, a copy of which is Annexure-5 to the petition. The application of landlord for release was fixed for hearing on 8.6.2000. On that date the petitioner moved an application for recalling the order of vacancy dated 29.5.2000, on which, it is alleged, notice was directed to be issued to the landlord for 4.7.2000. An order of release was passed in favour of the land-lord-rcspondent No. 1 on 8.6.2000 itself and Form-C was issued for eviction of the petitioner. It is alleged that the petitioner moved an application dated 12.6.2000 to recall the order of vacancy and release but the application was not entertained.

(2.) This writ petition was filed in Summer Vacations and was taken up on 22.6.2000. Sri A. N. Sinha appeared on behalf of the landlord. Parties were directed to exchange counter and rejoinder-affidavits. It was further directed that the petitioner would not be dis-possessed till 31st August, 2000. This order has been extended from time to time.

(3.) Counter and rejoinder-affidavits have been exchanged.