JAMUNA RAM Vs. SHANTI DEVI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution is directed against the order dtd. 25/10/2021 passed by the Additional District Judge, Court No. 14, Kanpur Nagar in Rent Revision No. 36 of 2014, dismissing the Revision and affirming the order of vacancy dtd. 1/7/2014 and release dtd. 30/9/2014 passed by the Rent Control and Eviction Officer, Kanpur Nagar (for short, 'the RC & EO') in proceedings under Ss. 12/16 of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (for short, 'the Act').

(2.) The facts giving rise to this petition, briefly said, are that a typed written statement was presented by Smt. Shanti Devi, widow of the late Vidya Sagar, respondent no.1 to this petition, before the RC & EO, stating that she is the co-owner of House No. 74/137(1), Dhankutti, Kanpur Nagar (for short, 'the demised premises'). The demised premises, on the ground floor, has a single room with an abutting platform (Chabutra), demised to one Ganga Ram. Since Ganga Ramm has built his own house, bearing House No. 2/292, Sector H, Jankipuram, Lucknow, he has shifted to Lucknow way back in the year 1998 along with his family. The demised premises are in possession of Ganga Ram's brother, Jamuna Ram. In view of the provisions of Sec. 12(3) of the Act, the demised premises would be deemed vacant. The said written statement submitted to the RC & EO was supported by the statements of one Ramesh Chandra Gupta and another Gopal Chandra Mishra. The RC & EO called for a report from the Rent Control Inspector.

(3.) The Rent Control Inspector submitted a report to the effect that the demised premises was in the tenancy of the late Mahaveer Prasad. Ganga Ram and Jamuna Ram are his sons. Both of them are, therefore, tenants. The demised premises are situate on a plot of land, which has a room and an adjoining Chabutra. It was also reported by the Rent Control Inspector that upon both the wives of Vidya Sagar and their sons saying that Rakesh Kumar Gupta was the owner, he tendered rent to Rakesh Kumar Gupta. Since Rakesh Kumar Gupta refused to accept the tendered rent, Jamuna Ram was depositing the same in the Court of the Civil Judge (Jr. Div.), Kanpur Nagar under Sec. 30(1) of the Act. The Rent Control Inspector further reported that Jamuna Ram's stand was affirmed by a certain Kamla Devi and Tara Devi. The RC & EO did not accept Jamuna Ram's case that the demised premises were let out to his father and upon his demise, both his sons Ganga Ram and himself, had inherited the tenancy.