BRIJ RAJ Vs. DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) IN premises No. 77/8, Coolie Bazar, Kanpur, there is a one room accommodation. One Mithu Lal was its tenant. The owner of the premises is Sri Thakur Ji Maharaj Mandir Virajman, house No. 77/7 Coolie Bazar, Kanpur. Sri Mahesh Prasad is the Sarvarakar of the trust Ram Laxman Janki Temple which is the owner landlord of the premises. Mithu Lal is said to have intimated the Rent Control and Eviction Officer, Kanpur that he was intending to vacate the room and that it be allotted to some one.

(2.) ANAND Kumar, who is the second Respondent in this petition, claims that he was carrying on business in the disputed premises with Mithu Lal. He was advised to apply for allotment of the premises so that he made an. application for the purpose on December 14, 1979. On May 28, 1981, the Rent Control Inspector made a report to the effect that Mithu Lal, who was in occupation of the premises, was intending to vacate it so that a vacancy could be declared in respect thereof. In this report it is also mentioned that Anand Kumar was reported to be carrying on business with Mithu Lal in the premises in dispute. A copy of the report is annexure 4 to the petition.

(3.) ON coming to know about the order of allotment, two applications were made under Section 16(5) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. One was by Anand Kumar and the other by Mahesh Prasad. The grievance made in the applications was that there was in fact no vacancy or likely vacancy and that the order of allotment made without notice to them was invalid.