REETA SINGH ALIAS MADHVI SINGH Vs. RAJENDRA SHARMA

JUDGEMENT

(1.) Since the point involved in these two writ petitions are one and the same, they are taken up together for disposal by a common judgment and order. These two writ petitions (WRIT-A No. -69946 of 2010 & WRIT-A No. -69993 of 2010, hereinafter referred to as the "Writ A" and "Writ B" respectively) are directed against the judgment and order dated 23.10.2010 passed by the District Judge, Kanpur in Rent Revision No. 23 of 2010 upholding the order dated 15.2.2010 passed by the Rent Control and Eviction Officer/VIIth Additional City Magistrate, Kanpur Nagar refusing to declare vacancy of the disputed premises.

(2.) Brief facts of the case as set out in these writ petitions are stated as follows:

(3.) The disputed premises was earlier jointly owned by Suresh Pratap Singh, Mahesh Pratap Singh, Ramesh Pratap Singh, Rajesh Pratap Singh and Viresh Pratap Singh. They transferred the disputed premises vide registered sale deed dated 19.10.2005 in favour of Smt. Reeta Singh and her husband Rajesh Singh (Petitioners of Writ Petition No. 69946 of 2010-in short "Petitioner A"). One Dhaniram was earlier the tenant of the disputed accommodation, after his death, his son Narain inherited the tenancy. Narayan vacated the premises in dispute and illegally handed over the possession to the respondent No. 1. Thereafter, the Respondent No. 1 illegally and unauthorizedly without any allotment order occupied the disputed premises (Quarter No. 37-B). This act of the respondent was hit by Section 13 of the Act and there was a deemed vacancy under Section 12 of the Act.