Rakesh Tiwari, J. - (1.) HEARD learned Counsel for the parties.
(2.) IT appears from the record that original tenant Mohan Lal Tiwari has died due to which vacancy was declared and releasing order was passed by A.C.M. (VII) Kanpur Nagar in favour of Respondents No. 2 and 3 in Rent Case No. 32 of 2008. The question before the Court is as to whether his family members have vacated the tenanted portion in dispute after tenancy had been devolved upon them. It is also not clear from the record as to whether the Petitioner was provided an accommodation in J. K. Cotton Spinning and Weaving Mills Ltd. as he was trainee or employed as watch and ward. In response, the General Manager by his letters dated 4.6.2009 and 3.7.2009 informed that Petitioner was a trainee and for this purpose was provided accommodation for the tenure of training. The relevant extract of the order is thus: Manager, J. K. Cotton Spinning & Weaving Mills. Co. Ltd. informed the R.C. & E.O. vide letter dated 3.7.2009 that Chandra Shekhar Tiwari is working as Trainee Sipoy and he has been provided Company's quarter during his tenure. In Anr. letter dated 4.6.2009, Manager, J. K. Cotton Spg. & Wvg. Mills Col Ltd. informed that Chandra Shekhar Tiwari s/o Madan Lal is working as Trainee Sipoy and has been provided with company's quarter No. 84/32, Quarter No. 13. Since, this information was again incomplete, R.C. & E.O. requested for correct information whereupon J.K. Group informed that Chandra Shekhar Tiwari s/o late Mohan Lal Tiwari is working as Trainee Spoy and has been provided with company's quarter No. 84/32, Quarter No. 13. Thus in three installments, J.K. Group provided information regarding employment and accommodation provided to Chandra Shekhar Tiwari. Certificate issued by Additional Superintendent Post Office, Kanpur Region shows that registered letter No. 3564 dated 15.9.2007 has been delivered to Chandra Shekhar Tiwari son of Mohan Lal Tiwari at House No. 84/32, Kailsh Mill Company, Kalpi Road, Kanpur on 25.9.2007. Process issued by III Additional District Judge, Kanpur contains the report of Process Server, which shows that Chandra Shekhar Tiwari met him at 84/32, Kailash Mill Colony, Kalpi Road, Kanpur but refused to accept the same. On the basis of this evidence, R.C. & E.O. recorded the finding that Chandra Shekhar Tiwari is residing in the accommodation provided by J.K. Group. It is not disputed that father of Chandra Shekhar Tiwari was tenant of the accommodation in question.
(3.) FROM a reading of the judgment, it appears that there was no allotment of any quarter for his service tenure. The letters by which the General Manager J. K.;