PYARE MIYAN Vs. MOHD. IRFAN

JUDGEMENT

(1.) The present writ petition has been filed under Article 227 of the Constitution of India, by which the petitioner has challenged the order dated 25.6.2010 passed by the Rent Control and Eviction Officer/Additional City Magistrate, 4th Kanpur Nagar and release order dated 20.8.2010 passed by the same authority as well as the order of the Revisional Court dated 5.1.2017 passed by Additional District Judge, Court No.6, Kanpur Nagar in Rent Revision No. 50 of 2010 (Pyare Miyan v. Mohd. Irfan)

(2.) The brief facts of the case are that the property being House No.98/68 Nazir Bagh Beconganj, Kanpur Nagar belongs to the sole opposite party Mohd. Irfan. Mohd. Irfan filed a release petition under Section 16(1)(b) of U.P. Act No.XIII of 1972 against the petitioner, Pyare Miyan regarding the Shop No.2 which situates in the aforesaid house No. 96/68 Nazir Bagh Beconganj, Kanpur Nagar. The said release petition has been filed in the Court of Rent Control and Eviction Officer/Additional City Magistrate IV, Kanpur Nagar which has been numbered as Case No. 9 of 2009 (Mohd. Irfan v. Pyare Miyan).

(3.) The Rent Control and Eviction Officer vide order dated 25.6.2010 has declared the vacancy of the shop in question. The Rent Control and Eviction Officer thereafter passed an order dated 20.8.2010 by which he has released the Shop No.2, in favour of the landlord namely, Mohd. Irfan.