OM PRAKASH BAJPAI Vs. ADDITIONAL DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) HEARD learned Counsels for the parties and perused the record.

(2.) THIS writ petition under Article 226/227, Constitution of India has been filed by one Om Prakash Bajpayee (the petitioner) on the ground that he entered into the possession of a shop -part of premises No. 55/113 Generalganj, Kanpur Nagar, hereinafter called the 'shop' as subtenant of one Satish Kumar Goenka (respondent No. 4) the tenant of the aforesaid permises whose owner and landlord happened to be M/s. Laxmi Ratan Cotton Mills, respondent No. 6, a company registered under Companies Act. Sharad Gupta, respondent No. 5, happens to be the receiver of M/s. Laxmi Ratan Cotton Mills and undertaking belonging to the aforesaid company.

(3.) IN the instant case the 'Tenant -landlord' relationship between respondent Nos. 4 and 6 (Satish Kumar Goenka and M/s. Lakshmi Ratan Cotton Mills) is not disputed. The petitioner claims to have entered into a portion of the 'shop' in question on the basis of an agreement of commission -agency dated 17 -2 -1969 (Annexure -1 to the petition) executed by Satish Kumar Goenka (respondent No. 4) and Om Prakash Bajpai (the petitioner) creating relationship of lessor and sublessee.