BANSHI LAL Vs. RAKESH

JUDGEMENT

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

(2.) The Petitioner has also prayed for a writ of certiorari for quashing the aforesaid orders as well as for a writ of mandamus commanding the Respondents restraining them from dispossessing him from room in dispute bearing No. 112/82-A, Bena Jhabar, Sarup Nagar, Kanpur Nagar.

(3.) The claim of the Petitioner is that the landlord of house No. 112/82-A situated in Bena Jhabar, Swaroop Nagar Kanpur Nagar was one Girdhar Prasad in which one Smt. Asharfi Devi was tenant of one room and Chhedi Lai was tenant of two rooms. According to him, Smt. Asharfi Devi vacated the tenanted room which was let out to the Petitioner with the consent of the landlord prior to 1963; that thereafter Girdhari Lai expired and Chhedi Lai moved an application before the Additional District Magistrate (Supply)/Rent Control and Eviction Officer, Kanpur Nagar for declaring vacancy of one room under the occupation and possession of the Petitioner, claiming himself to be the landlord of the aforesaid portion.