- (1.) Heard Sri G.L. Tripathi, advocate appearing for tenant/petitioner and Sri P. N. Khare, advocate, appearing for landlord/respondents.
(2.) The order impugned in the instant writ petition is dated 17.9.1998 declaring vacancy by Rent Control and Eviction Officer/Additional City Magistrate 1st, Kanpur Nagar, in respect of accommodation of premises No. 106/179 Gandhi Nagar, Kanpur Nagar (hereinafter referred to as the disputed accommodation). Vacancy declared was in respect of one room, one store, latrine, bathroom, kitchen and a small open area situated on the first floor.
(3.) Assertion made in the writ petition on behalf of the tenant is that Chandrika Prasad was the erstwhile owner/landlord of premises No. 106/179 which was let out on monthly rent @ of Rs. 225 since before July. 1978. It is admitted by parties that rate of rent is Rs. 275 per month. The instant proceedings commenced on an application for allotment moved by one Sita Ram Bhatnagar and S. Datar. Rent Control and Eviction Officer respondent No. 1 called for a report from Rent Control Inspector. Report dated 6.9.1995 was submitted by him, which is annexed as Annexure-1 to the writ petition.;