ANIL KUMAR SINGH Vs. IXTH ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned counsel for the caveator are present. This is a tenant's writ petition against the impugned order dated 22.5.95. The brief facts of the case are that deceased Ram Murat was the original tenant. The respondent No. 2 Smt. Sushila Devi filed an application for release which was rejected by the Prescribed Authority. Smt. Sushila Devi filed an appeal before the Addl. District Judge and during the pendency of the appeal Ram Murat died. Petitioner Anil Kumar Singh who claims to be the adopted son of deceased Ram Murat has been impleaded as the legal representative of the deceased. The Addl. District Judge came to the conclusion that after the death of Ram Murat, Anil Kumar Singh who is a boy of twelve years is not expected to live alone in the house in question at Kanpur. In this view of the matter the appeal filed by landlady Sushila Devi has been allowed vide impugned judgment dated 22.5.95.

(2.) THE learned counsel for the petitioner has vehemently argued that Anil Kumar Singh will live at Kanpur under the guardianship of his natural mother Smt. Saroj Devi and, therefore, his hardship should have been taken into consideration by the learned Addl. District Judge.