RAKESH TIWARI, J. - (1.) CIVIL Misc. Application No. 284361 of 2010 has been filed by the petitioner for recalling the order dated 16.9.2010, by which the writ petition was dismissed for non prosecution.
(2.) HEARD counsel for the parties on the question of restoration. The cause shown in sufficient. Accordingly, the order dated 16.9.2010 is recalled and the writ petition is restored to its original number. Heard counsel for the parties on merits and perused the record. By this petition, the petitioner has prayed for a writ in the nature of certiorari quashing the order dated 1.8.2009 passed by Special Judge/Additional District Judge, Kanpur Nagar in Rent Revision No. 10 of 2009, the order dated 30.1.2009 releasing the premises in dispute in favour of the landlord respondent as well as the order dated 19.9.2008 declaring the vacancy.
(3.) LANDLORD of house no. 119/393 (old), new no. 119769, Darshanpurwa, moved an application under section 16(1)(b) of U.P. Act No. 13 of 1972 for release of the accommodation in dispute. Objection to the aforesaid application was filed by the petitioner stating that he was residing in the premises in question alngwith his brother, father and mother since 1960; that he was minor at that time; that his brother Virendra Kumar, who was the tenant, has taken another accommodation and under the circumstances he is entitled for re allotment and that tenancy of the petitioner stood regularised.;