SITA RAM Vs. GOPAL

JUDGEMENT

(1.) HEARD Sri Nitin Kumar Agrawal for petitioner, Sri A.N. Sinha holding brief of Sri J.P. Singh, counsel for caveator respondent No. 2 and perused the record.

(2.) THE petitioner claims himself to be the tenant of house in dispute No. 2/99, Noniyar Tola, Nawabganj,.Kanpur Nagaron monthly rent of Rs. 50/-. It is claimed by him that he entered in the premises as tenant of one Chhedi Lal, who was owner of the building, to whom rent was paid by him regularly month to month. It is stated that after death of Sri Chhedi Lal, his legal heirs executed a sale-deed dated 30.8.2005 in favour of Sri R.K. Gupta son of Sri Shyam Lal Gupta, resident of 61/213, Canal Road, Kanpur Nagar. On coming to know about sale of the house, the petitioner after sometime tried to pay rent to the subsequent purchaser- respondent No. 2 Sri R.K. Gupta, who it is stated did not accept it, hence the petitioner sent the same through Money Order to the subsequent purchaser/new landlord, who denied to accept the Money Order too. According to the petitioner, under these compelling circumstances,he deposited the rent under Section 30 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) before Civil Judge (JD), Kanpur Nagar in case No. 53/70 of 2007, Sita Ram v. Rakesh Gupta.

(3.) THE Rent Control and Eviction Officer/A.C.M., Kanpur Nagar on the basis of materials on record and evidence produced by the parties, by the impugned order dated 4.1.2011 declared vacancy holding that the petitioner had not been able to prove his case and had no right as tenant but release order for the accommodation has not been passed so far.