SHANTI DEVI Vs. RENT CONTROL AND EVICTION OFFICER

JUDGEMENT

(1.) SHITLA Pd. Srivastava, J. This peti tion under Article 226 of the Constitution of India has been filed by the petitioner for quashing the order dated 19-9-1995 passed by the respondent No. 1 (Rent Control and Eviction Officer, Kanpur Nagar) and fur ther for a writ of mandamus restraining the respondents not to interfere with the petitioner's possession over two rooms, one varandah and tin shed of the house No. 8/110, Arya Nagar, Kanpur.

(2.) THE brief fact, as stated in the peti tion, are that the husband of the petitioner late Puran Chand, was tenant of two rooms, one varandah and a tin shed of house No. 8/110, Arya Nagar, Kanpur on behalf of Kunj Behari. It is stated that one Karan Singh was the owner of the property in question and the said house was pur chased by one Ajit Kumar, who use to purchase the rented accommodation on a throw away price and sold them on exor bitant price. It is stated that respondent got the proceeding initiated by the petitioner that the Rent Control Inspector submitted a report dated 8-7-1993. THE allegations are that the respondent No. 3 gave a written statement to the Inspector that the petitioner has illegally occupied one room of Algo Mistri and one room of Smt. Kasturi Devi. It is stated that the respondent No. 2 took a frivolous stand that the petitioner is not the wife of Puran Chand and is an unauthorised occupant.

(3.) A rejoinder affidavit was also filed. Supplementary counter affidavit was filed annexing therewith a copy of the counter affidavit filed by Ashok Kumar son of the petitioner, before the Rent Control and Eviction Officer.