SANJAY Vs. UPPER ZILA ADHIKARI KANPUR NAGAR

JUDGEMENT

(1.) The petitioner claims that he was living with his aunt Smt. Ram Kali who was tenant of the disputed accommodation. His aunt died in 2004 and the disputed house No. 118/88 (new No. 119/245) Darshan Purva Kanpur Nagar remained in his possession till his dispossession on 12-1-2006 by the landlord in pursuance of the impugned order dated 21-7-2005.

(2.) CONCISE facts are that a release application was moved on 27- 4-2004 by the landlord before the Rent Control and Eviction Officer. Report was called by the authority from the Rent Control Inspector vide order dated 28-4-2004 who submitted his report. After considering the report of the Rent Control Inspector, release application was allowed and vacancy was declared by the Rent Control and Eviction Officer vide order dated 8-9-2004. Consequently the accommodation under the tenancy of Smt. Ram Kali (since deceased) was released in favour of the landlord and he was given possession of the same.

(3.) SECTION 3 (a) of the Act defines the word 'tenant'. In relation to a building, it means a person by whom its rent is payable and on the death of the tenant of a residential building, such only of his heirs, as normally resided with him in the building at the time of his death and in the case of a non-residential building, his heirs.