ANANTI & OTHERS Vs. TARACHANDRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of the present writ petition, the petitioners are challenging the order of vacancy as also the order passed by the Revisional Court declaring the petitioners, unauthorized occupants of the building in question.

(3.) On the allotment application filed by one Brijendra Kumar Dixit dated 03.01.2000, the vacancy proceedings were initiated. Notice under Rule 8(2) was issued to the petitioner-occupants and the landlord. The service of notice was held sufficient. The report dated 08.02.2000 was submitted by the Rent Control and Eviction Officer after inspection in the presence of the predecessor of the petitioners namely Kishnu @ Kishan Lal, who had stated that he was in occupation of the premises for the last many years.The landlord of House no.2/23, Nawabganj Kanpur Nagar namely Tarachandra son of Late Bengali recorded his statement that two houses namely 2/22 and 2/23 Nawabganj, Kanpur originally belonging to their grandfather Late Munna Lal were divided into two equal portions during his life time in favour of his two sons namely Late Bengali Prasad Verma and Late Raja Ram. In the family partition, House No.2/22 came in the share of Late Raja Ram whereas House No.2/23 belonged to Late Bengali. They were in occupation of their respective shares and their names have duly been recorded in the municipal records.