SMT. KANTI DEVI Vs. KAUSHAL KUMAR

JUDGEMENT

(1.) Heard Sri Rohan Gupta, learned counsel for the petitioner-defendant/tenant and Sri Atul Dayal, learned counsel for the respondents.

(2.) This petition under Article 227 of the Constitution of India, has been filed by the petitioner-tenant praying to set aside the impugned order dated 28.1.2016, under Section 12(3) of U.P. Act No. 13 of 1972 and the order dated 16.7.2016 in Case No. 03 of 2015 and Case No. 24 of 2013 (Kaushal Kumar v. Sushil Kumar Srivastava (since deceased), under Section 12(1)/16(1)(b) of U.P. Act No. 13 of 1972 passed by the Rent Control and Eviction Officer/Additional City Magistrate-VI, Kanpur Nagar with respect to residential house No. 2/372, Nawabganj, Kanpur Nagar and the order dated 29.7.2017 in Rent Revision No.45 of 2016. (Smt. Kanti Devi v. Kaushal Kumar and others) passed by the Additional District Judge (Court No.12), Kanpur Nagar.

(3.) Briefly stated facts of the present case are that the disputed house was originally owned by one Smt. Leela Devi, who inducted one Sri Bhagwati Prasad Khare (hereinafter referred to as the 'Original Tenant'). The original tenant died in the year 1962. The tenancy was succeeded by his three sons, namely, Sri Raghunath Prasad Khare, Hanuman Prasad Khare and Sri Dinesh Chandra Khare, who became joint tenant. Sri Hanuman Prasad Khare died in the year 1972, leaving behind his wife Smt. Kanti Devi. Thus, after the death of Sri Raghunath Prasad Khare, she and aforesaid two brothers of her late husband became joint tenant of the disputed house. Sri Hanuman Prasad Khare and Sri Dinesh Chandra Khare acquired alternate accommodation in Kanpur Nagar. Thereafter, the disputed house was purchased by one Sri Shushil Kumar in the year 2003 by way of a registered sale deed. Thus, he stepped into the shoes of original landlord, namely, Smt. Leela Devi. It appears that an application for allotment of the disputed house under Section 12(1) of U.P. Act No.13 of 1972, was filed by the respondent no.1 in the year 2007 before the Rent Control and Eviction Officer/Additional City Magistrate-VI, Kanpur Nagar (hereinafter referred to as the 'RCEO), which was registered as Case No.17 of 2007. By order dated 21.8.2007, the aforesaid Case No.17 of 2007 was dismissed by the Rent Control and Eviction Officer.