RAJ DULARI SHRIVASTAVA Vs. GIRJA SHANKER DIXIT

JUDGEMENT

(1.) This writ petition has been filed against the judgment and order dated 28.1.2012 passed by the Additional District Judge, Court No. 4, Kanpur Nagar in Rent Revision No. 71 of 2008 upholding the order dated 1.10.2008 and order dated 25.7.2008 passed by Rent Control and Eviction Officer, Kanpur, Nagar in Case No. 24 of 2007 (Annexures-9 and 10) whereby the vacancy has been declared and thereafter the disputed premises was released under section 16(1)(b) of the Act (hereinafter referred to as the "Act") in favour of respondents No. 1, 2 and 3 (first set) (in short "Respondents"). Brief facts of the case as set out in the writ petition are as follows;

(2.) Originally the husband of the petitioner late Devi Charan was the tenant of the first floor of a residential portion bearing Municipal No. 13/60, situate at Parmat Nagar, Kanpur comprising of two rooms, kitchen, latrine, bathroom and Angan on the basis of allotment order dated 18.1.1954 passed by the Rent Control and Eviction Officer, Kanpur Nagar (in short "R.C.E.O."). The said property was purchased by the respondents through registered sale-deed dated 4.7.2002 from Anandeshwar Dayal, erstwhile owner and landlord.

(3.) On 19.5.2007 respondent No. 4 moved an application for allotment of the disputed premises before the R.C.E.O. Husband of the petitioner Devi Charan died on 25.7.2007. The Rent Control Inspector, Kanpur Nagar made an inspection of the disputed premises and submitted its report dated 8.8.2007. As soon as it came to his knowledge, the petitioner filed his objection supported by an affidavit and contended that no vacancy in respect of the premises in dispute has occurred.