HARISH DHARMWANI Vs. SUKANYA BHATT AND ANOTHER

JUDGEMENT

(1.) Heard Sri Pankaj Agrawal, learned counsel for the petitioner and Sri A.N.Sinha, learned counsel for the respondents.

(2.) The writ petition is directed against order dated 26.12.2003 passed by Rent Control and Eviction Officer/Vth Addl. District Judge, Kanpur (hereinafter referred to as "RCEO") declaring vacancy in the shop situated in house No.8/171, Arya Nagar, Kanpur and making it available for allotment; and proceeding therefor.

(3.) Learned counsel for the petitioner submitted that shop in question was initially let out to Sri Asumal Dharmwani, father of petitioner, who carried on proprietorship business in the name and style of "M/s Prakash General Store" and died on 29.6.1998, whereafter petitioner continued to run the said business. The shop in question was never allowed to be occupied by any other person and evidence adduced by petitioner in this regard have been ignored by RCEO and therefore, impugned order is illegal and liable to be set aside.