- (1.) Heard Sri Vikram Bhalla, learned Counsel for the petitioner, Sri P.K. Jain, learned Counsel for respondent No. 2, Sri Amitabh Agarwal, Advocate holding brief of Sri Saurabh Jain, learned Counsel for respondent No. 3 and perused the record. This writ petition is directed against order dated 4.3.2009 by which Rent Control and Eviction Officer/City Magistrate, Kanpur has declared vacancy under section 12(3) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the U.P. Act No. 13 of 1972) in respect of the accommodation in question.
(2.) The facts leading to the present petition in brief are that petitioner is a tenant in residential accommodation in dispute consisting of two rooms, one kitchen, verandah, bath room, latrine and common urinal in premises No. 57/59, Sirki Mohal, Kanpur owned by respondent No. 3.
(3.) The landlord-respondent No. 3 is said to have filed Rent Case No. 1 of 2004 for the release of the aforesaid accommodation under section 21(1)(A) of U.P. Act No. 13 of 1972 and the matter is stated to be still pending in the Court of IV A.C.M.M., Kanpur Nagar.;