MAHESH CHANDRA TIWARI Vs. K S DIXIT

JUDGEMENT

(1.) Heard Counsel for the parties and perused the record. This writ petition has been filed by the petitioner tenant challenging the validity and correctness of the order dated 25.3.2011 passed by the Special Judge (E.C. Act), Kanpur Nagar in Rent Revision No. 81 of 2006, Mahesh Chandra Tiwari v. Rent Control and Eviction Officer and others.

(2.) The petitioner has also sought a writ of mandamus directing the respondents not to interfere in his peaceful possession over the shop in dispute.

(3.) The facts in brief are that the shop in dispute was allotted to the petitioner by Rent Control and Eviction Officer, Kanpur Nagar/Additional City Magistrate, Vth vide order dated 20.10.1981. respondent No. 1, K.S. Dixit r/o House No. 105/282-A, Chamanganj, Kanpur Nagar moved an application for allotment of the shop in dispute before the Rent Control and Eviction Officer/Additional City Magistrate, Vth Kanpur Nagar inter alia that tenant-petitioner has violated the terms of the allotment by renting out a part of it to a sub-tenant and as such the shop in dispute be declared as vacant. The application filed under section 12(1) of Uttar Pradesh Urban Buildings (Regulation Of Letting, Rent And Eviction) Act, 1972 for allotment by respondent No. 1 was registered as case No. 95 of 2005, K.S. Dixit v. Prem Narain Mishra.