Sudhir Narain, J. - (1.) The petitioner has challenged the order of vacancy dated 25.11.1999 passed by the Rent Control and Eviction Officer, respondent No. 1.
(2.) One Ram Sahodar was tenant of a portion of premises No. 12/470, Gwaltoli. Kanpur Nagar. He died in the year 1998. Respondent No. 2 applied for allotment with the allegations that as Prem Das, son of Ram Sahodar-the tenant, had purchased another portion of the same premises in the year 1986 and he is residing therein, the accommodation in question be treated as vacant. The Rent Control and Eviction Officer called for a report from the Inspector. The Inspector submitted a report that Ishwar Chand, the petitioner, grandson of Ram Sahodar, was found in its possession. Respondent No. 1 issued notice to the petitioner to show cause why the disputed accommodation be not treated as vacant.
(3.) The petitioner filed objection stating that his father, Prem Das, had separated from his father, Ram Sahodar, in the year 1985 and had also purchased another portion of the same premises in the year 1986. The petitioner, as grandson of Ram Sahodar, is residing in the disputed accommodation. His grandfather, Ram Sahodar. also executed a Will in his favour on 3.10.1989 whereby he bequeathed all his rights and title in all his properties. It was further stated that as the landlords of the house, namely, Khem Chand and Gyan Chand had entered into an agreement to sell the disputed premises on 20.2.1987 and also handed over possession in pursuance of the agreement, his possession cannot be treated as unauthorised. The Rent Control and Eviction Officer, considering the objection, declared it as vacant. This order has been challenged in the present writ petition.;