CAWNPORE METAL STORES Vs. ADDITIONAL DISTRICT MAGISTRATE/RENT CONTROL AND EVICTION OFFICER KANPUR NAGAR

JUDGEMENT

(1.) THIS petition has been filed for quashing the order declaring vacancy passed Section 12 of U.P. Act XIII of 1992 on 24.3.2001 by the Addl. District Magistrate/Rent Control and Eviction Officer, Kanpur Nagar.

(2.) THE premises in dispute is house No. 46/156, Halsi Road, Kanpur Nagar, which is commercial. Anil Mehrotra, opposite party No. 5 applied for the allotment of the said premises alleging that it is vacant. Therefore, the report was called from Rent Control and Eviction Inspector, who reported that the premises is vacant and M/s. Cawnpore Metal Stores, petitioner, is illegal occupant of the same. Thereafter, notices were issued to the parties and ultimately the shop was declared vacant by the impugned order. Aggrieved by it, the present petition has been filed.

(3.) IN this case, it is undisputed that the disputed shop and another shop were allotted to Late Ravindra Nath Gupta, father of the petitioner No. 2 by the District Magistrate/Rent Control Officer, Kanpur Nagar on 12.11.1964 and he was tenant of both the shops and was paying rent. Sri Ravindra Nath Gupta died on 08.01.1992. After the death of Sri R.N. Gupta his heirs were carrying on the business in the disputed shop as well as in another shop.