KUSUM SHUKLA Vs. RENT CONTROL AND EVICTION OFFICER/ADDITIONAL CITY MAGISTRATE (5TH), KANPUR NAGAR AND ANOTHER

JUDGEMENT

(1.) Petitioner by means of this writ petition under Art. 226 of the Constitution of India has challenged the order dated 20.10.2004 passed by the Rent Control and Eviction Officer, Kanpur Nagar whereby the Rent Control and Eviction Officer has allowed the application filed by the respondent-landlord declaring vacancy under Sec. 12 (3) of U.P. Act No. 13 of 1972 in the accommodation in question.

(2.) Heard learned Counsel appearing on behalf of the parties.

(3.) In view of the decision of Apex Court reported in, JT 2005 (4) SC 428 : 2005 (1) ARC 877 : 2005 SCFBRC 287, Achal Misra Vs. Rain Shanker Singh and others. Paragraph 13 relied upon by learned Counsel for the contesting respondents is reproduced below:-