(1.) R. N. Bengal, petitioner, is admittedly the tenant in possession of residential accommodation, House No. 109/276-A, Ram Krishan Nagar, Kanpur since 1990 (Para 2 of the writ petition) called the 'accommodation', relationship of landlord and tenant existed, landlord had voluntarily and willingly gave possession of the premises in question to the petitioner-tenant on an agreed rent after having charged advance as premium advance rent (Paras 5 and 6 of the writ petition) and said facts have not been disputed by the landlords, contesting respondent Nos. 3 to 7. There is no dispute that the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972. U. P. Act No. XIII of 1972 (for short called 'the Act') is applicable to the said accommodation.
(2.) The aforesaid paragraphs have been replied in paras 6 to 9 of the counter-affidavit. 'Landlord' in the instant case, therefore, admits that the petitioner was inducted as tenant and allowed to occupy the accommodation as such.
(3.) The emphasis laid by the landlord contesting respondents is that the petitioner is an 'unauthorised occupant' being in possession of the accommodation without allotment order in his favour.