SHITLA PRASAD SINGH Vs. ADDITIONAL DISTRICT MAGISTRATE SUPPLY/RENT CONTROL AND EVICTION OFFICER KANPUR NAGAR

JUDGEMENT

(1.) THIS petition has been filed for quashing the order declaring vacancy passed under Section 12 of the U. P. Act No. XIII of 1972 on 11.9.2000 by the Additional District Magistrate/Rent Control and Eviction Officer, Kanpur Nagar.

(2.) THE premises in dispute is numbered as 46/156, Halsi Road, Kanpur Nagar, which is non -residential. Sri V. K. Katiyar, opposite party No. 2, applied for the allotment of the said premises. On his application, a report was called for from the Rent Control Inspector. who submitted the report that the shop is in illegal possession of Sri Ram Sharan Singh, son of the petitioner. After this report, notices were issued to the parties and ultimately, the shop was declared vacant under Section 12 of the U. P. Act XIII of 1972 (hereinafter referred to as 'the Act') by the impugned order, dated 11.9.2000, passed by the Additional District Magistrate (Supply)/Rent Control and Eviction Officer, Kanpur Nagar. Aggrieved by that order, the present petition has been preferred.

(3.) IN this case, it is undisputed that the shop in dispute, was in the tenancy of Surajpal Singh, who was the uncle of the petitioner. The petitioner and Surajpal Singh were running coal business In the disputed shop In the name and style M/s. Surajpal Singh Shitla Prasad Singh since 1954. According to the petitioner, Sri Surajpal Singh died in the year 1963 and since then, the petitioner became exclusive tenant of the disputed shop and is also paying rent, Now the business in the said shop is being carried on in the name and style M/s. Surajpal Singh and Co,, and Ram Sharan Singh, son of the petitioner, is the sole proprietor of the said firm.