VIMLA DEVI Vs. 1ST ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This is tenant's writ petition arising out of orders passed by R.C. & E.O/Additional City Magistrate V Kanpur Nagar in case No. 116 of 1984 under Section 16 of U.P Act No. 13 of 1972 dated 18.4.1985 declaring the vacancy of the accommodation in dispute, dated 6.5.1985 releasing the accommodation in dispute in favour of original landlords respondents 3 to 5 and order dated 29.1.1987 rejecting review/recall application of the petitioner. The review/recall application was registered as case No. 109 of 1986. Aforesaid orders were challenged through Rent Revision No. 16 of 1987. I Additional District Judge, Kanpur Nagar dismissed the revision on 1.4.1988. Said order is also challenged through this writ petition. During pendency of writ petition landlords respondents 3 to 5 sold the property to Jai Narayan and others who have been impleaded as respondents 6 to 8.

(2.) Property in dispute is numbered as 29/8-A, Dwarika Danish Road Kanpur Nagar which is commercial accommodation/shop comprising of two rooms and one storeroom. The rent is Rs. 17.18/- per month.

(3.) Petitioner is daughter of late Jagannath who left behind him two sons Mangali Prasad and Suraj Prasad apart from the petitioner. According to the landlords, Mangali Prasad was the tenant while according to the tenant, Jagannath was the tenant. However for the purposes of decision of the controversy in between the parties this fact is wholly irrelevant. Proceedings were initiated before R.C.& E.O on allotment application wherein it was alleged that the tenant of the accommodation in dispute had died and it was in unauthorized occupation of one Kamtaguru. According to the petitioner, after the death of her father Jagannath who was the original tenant, Mangali Prasad inherited the tenancy who died unmarried in 1982 and thereafter tenancy was inherited by Suraj Prasad who also died unmarried on 22.12.1983 and thereafter tenancy was inherited by the petitioner. It was further pleaded by the petitioner that she was carrying on the business of Halwai with the help of Kamtaguru who was servant in the shop since the time of Jagannath.