NARAIN DAS Vs. ADDITIONAL CITY MAGISTRATE IIND

JUDGEMENT

(1.) THIS present writ petition is directed against an order declaring vacancy of house no. 105/549-A Kanpur. The petitioner was the tenant.

(2.) THE case set up by the petitioner was that he was a tenant of two room accommodation since 1947. It was situated in a Muslim locality and there were communal disturbances in Kanpur in the year 1989-90. In addition to this the petitioner had been ailing for the last 3 or 4 years. He was getting treatment in J. K. Institute of Cardiology. On account of these two factors the petitioner decided to move out of Kanpur for a short period.

(3.) A fresh application was filed on 8-2-1991 by the respondent no. 2 that now the said house has become vacant. It may be allotted to him. The Rent Control Inspector was directed to make fresh enquiry. He submitted his report on 15-2-1991 in accordance with Rule 8 (2) of the rule framed under the Act.