RAM KEDAR Vs. SMT. VIMLA

JUDGEMENT

(1.) This petition has been filed by the petitioner praying for quashing of the judgment and order dated 16.4.2016, 26.12.2016 and 21.3.2018 passed by Additional City Magistrate Ist/Rent Control and Eviction Officer, Kanpur Nagar and Additional District Judge, Court No. 13, Kanpur Nagar allowing the Release Application filed by the respondent Smt. Vimla wife of late Amar Singh.

(2.) It has been submitted by the learned counsel for the petitioner that Smt. Vimla wife of late Amar Singh had moved an application for declaration of vacancy under Section 15(1) of the U.P. Act No. 13 of 1972 on the ground that the statutory tenant - Dhuki Ram in whose favour allotment order had been issued by the Rent Control and Eviction Officer had vacated the premises in question and one Ram Kedar had illegally occupied the house without consent of the landlady and without any allotment order issued from the Rent Control and Eviction Officer.

(3.) The Rent Control Inspector inspected the premises and recorded the statement of the petitioner that he was paying rent to one Prem Lata who was the co-owner and who had demanded Rs. 500/- per month for the house in question. Later on, Smt. Prem Lata - the landlady refused to accept the rent and the petitioner was depositing the rent in the Court of Civil Judge (Junior Division), Kanpur Nagar in Misc. Case No. 569/70/2010 Smt. Vimla wife of late Amar Singh was not the landlady and she moved an application of vacancy to be declared under Section 15(1). The petitioner contested the application saying that he was living with the consent of the landlady for the past 35 years in the house in question and was also paying enhance rent as demanded by the landlady.