BHARAT BHANDARI Vs. RAKSHMA TEWARI AND ORS.

JUDGEMENT

(1.) Heard Sri Jafar Nayar, Senior Advocate, assisted by Dr. G.S.D. Mishra, for the petitioner and Sri A.R. Dubey along with Sri Shobhit Dubey, for respondent-1.

(2.) This petition has been filed against the orders of Rent Control & Eviction Officer dated 26.12.2014, declaring vacancy, 08.04.2015, releasing disputed accommodation in favour of Smt. Rakshma Tewari (respondent-1) and District Judge dated 16.03.2016 dismissing revision of the petitioner against the aforesaid orders, in the proceedings under U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as the Act).

(3.) The dispute relates to tenement comprises of four rooms, latrine, bathroom and a small varandah in house 59/41, Birahana Road, Kanpur Nagar, which was in tenancy of late Ishwardas Bhandari and the petitioner is claiming that he has inherited the tenancy. The petitioner earlier raised a dispute that his tenancy was at third floor of the building while vacancy was declared in respect of tenement at second floor. In order to resolve this dispute, this Court in Writ-A No. 38181 of 2015, by order dated 05.102015 issued an Advocate Commissioner for spot inspection, who after spot inspection submitted his report dated 15.10.2015. After hearing the parties, this Court in judgement dated 12.01.2016 held that due to a mezzanine floor, confusion relating to second floor and third floor has been created. Although tenement comprises of four rooms, latrine, bathroom and a small varandah in house 59/41, Birahana Road, was in tenancy of Ishwardas Bhandari and vacancy was declared in respect of this tenement as such issue raised in this respect has become redundant and immaterial.