KAILASH NARAIN AGNIHOTRI Vs. DISTT JUDGE KANPUR CITY

JUDGEMENT

(1.) S. U. Khan, J. List revised. No one appears for the respondents.

(2.) HEARD learned Counsel for the petitioner. Landlord-petitioner filed an application for release under Section 16 of U. P. Act No. 13 of 1972 before R. C. & E. O. /a. D. M. (Finance & Revenue), Kanpur Nagar in respect of property in dispute which is a shop. The case was registered as Case No. 91 of 1988, Kailash Narain Agnihotri v. Babu Lal. In the said application it was stated that original tenant Babu Lal had died and Chedi Lal who was not heir of Babu Lal had occupied the shop in dispute hence it was legally vacant. The release application was rejected by A. D. M. (Finance & Revenue) through judgment and order dated 26- 10-1990 holding that Chedi Lal being sister's son of Babu Lal inherited the tenancy as Babu Lal had no issue. R. C. & E. O. further held that Chedi Lal was helping Babu Ram in the business during his life time.

(3.) IN my opinion R. C. & E. O. was not justified in rejecting the restoration application on the ground that it was belated. Sufficient explanation of delay had been given by the petitioner. Even otherwise in restoration matters Courts should normally be liberal. No benefit could have accrued to the landlord by deliberately avoiding the proceedings, which were initiated by landlord himself. He was not in possession.