- (1.) This writ petition is directed against an order passed by the Prescribed Authority under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') regularising the possession of the petitioner as well as respondent No. 1 in relation to the portions of the accommodation found in their possession.
(2.) It appears that originally, M.L Sharma was the tenant of the accommodation. He was transferred to Bereilly and left his brother-in-law, J.P. Sharma in occupation. In due course the petitioner Kripa Shankar Sharma came and started living with J.P. Sharma who was his uncle. The landlady, respondent No. 3, instituted a suit for ejectment of M.L. Sharma, and Kripa Shankar Sharma, was also implement as defendant in that suit. The suit ultimately was dismissed by the Additional Judge, Small Causes, Kanpur on the finding that ever since the transfer to M.L Sharma, J.P. Sharma had been in possession and he was paying rent and there was relationship of landlord and tenant between the landlady and J.P. Sharma, and that J.P. Sharma, was not a stranger.
(3.) It appears that subsequently Sheo Charanlal Sharma, respondent No. 1 also joined J.P. Sharma and started living with him. He was the brother of J.P. Sharma. Later J.P. Sharma died in 1971. Thereafter dispute arose between the petitioner who was the nephew of J.P. Sharma and Sheo Charanlal Sharma, respondent No. 1 who was his brother. The dispute led them both to the Court of the Prescribed Authority under the Urban Buildings Act of 1972. Both wanted an overall allotment or regularisation of the portions in their possession of the accommodation in dispute.;