RAJU KASHYAP Vs. RADHA RAMAN GUPTA AND ORS.

JUDGEMENT

(1.) Writ petition is directed against the order dated 7.11.2002 passed by Rent Control And Eviction Officer, Kanpur Nagar (hereinafter referred to as "RCEO") under Section 12 (1) (b) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") in respect to premises in dispute.

(2.) It is not disputed that accommodation in question was under the tenancy of Bhaggu Kahar, grand maternal uncle (Nana) of petitioner who is said to have died in 1970 and tenancy was succeeded by the widow of Bhaggu Kahar, Smt. Ratna Devi. At that time petitioner's mother, Smt. Kamla, was unmarried and it is said that she married in 1972 to Sri Gaya Prasad, petitioner's father. The widow of Bhaggu Kahar, namely Smt. Ratna Devi continued to enjoy tenancy till 13.12.1993 when she also died. It is contended that petitioner's mother was continuously residing with petitioner's grand maternal aunt (Nani) and, therefore, petitioner continued to be the tenant of premises in question. However, there is nothing on record and no evidence has been placed to show that even after marriage of petitioner's mother Kamla in 1972, she along with her husband was residing regularly in the premises in question. The tenancy after the death of initial tenant Sri Bhaggu Kahar was succeeded by his widow Smt Ratna Devi who also died on 13.12.1993 leaving no family member as defined in Section 3 (g) of the Act, 1972 so as to succeed the tenancy rights of accommodation in question. Petitioner's contention that despite marriage, petitioner's mother was continuously residing along with family with her own mother has not been supported by any material on record in absence whereof the bare assertion of petitioner to this effect does not generate any confidence.

(3.) Learned counsel for petitioner placed reliance on Ganesh Trivedi Vs. Sundar Devi, 2002 AIR(SC) 676 wherein the Apex Court found as a matter of fact that brother was residing in the tenanted premises and therefore tenancy rights will devolve upon him on the death of original tenant within the meaning of Section 3 (a) (g) read with Section 12 (1) (b) of Act, 1972. This is evident from the following observation made in para 9 and 10 of judgment which are reproduced as under: