DEVENDRA PRATAP SINGH,J. - (1.) HEARD learned counsel for the parties.
(2.) THIS petition is directed against a vacancy order dated 27.5.1996. The connected petition no. 19162 of 1997 is directed against the release order granted in favour of the respondent-landlord but its fate would depend upon the decision of the present case. The dispute relates to a shop on the ground floor of a building No.128/91, Block B, Kidwai Nagar in Kanpur of which the respondents are the owners in possession. The respondents instituted a SCC suit no. 39 of 1988 against the petitioner under section 20 of U.P. Act No. XIII of 1972 (here-in-after referred to as the Act) treating him to be a statutory tenant of the disputed shop from 1979 @ Rs.90/- per month for eviction on the ground of arrears of rent from 1.4.1983 to 18.1.1988 and material alternation. The petitioner filed written statement denying default and further alleging that he was inducted by the father of the respondents as an unauthorized occupant in 1979 without an order of allotment passed under the Act and therefore he could not be evicted under the Act. The suit was subsequently dismissed also on the ground that the petitioner was an unauthorized occupant.
(3.) HOWEVER , after the pleadings were exchanged by the parties, one Vasudev filed an application for allotment of the disputed shop on 10.6.1994 alleging vacancy as it was occupied by the petitioner without an order of allotment. After obtaining a report of the Inspector, the Rent Controller issued notice to both the parties, who appeared and filed their respective pleadings and evidence. The Rent Controller rejected the case of the petitioner that he was a tenant since 1975 and went on to hold that he was inducted as a tenant in 1979 without an allotment order in violation of sections, 11, 13, 14, 16, 31, 33 etc. of the Act and declared it to be vacant by the impugned order.;