Hon'ble Rakesh Tiwari, J. - (1.) HEARD learned counsel for the parties and perused the material on record.
(2.) SRI Manoj Kumar s/o Suraj Prasad, Resident of 15/17, respondent No. 5 in the writ petition moved an application before the Rent Control Eviction Officer / Additional City Magistrate-V, Kanpur Nagar under Section 12 of the U.P. Urban Buildings (Regulation of Letting, Rent Eviction) Act 1972 here in after referred to as the Act No. 13 of 1972. It was alleged in the application that the accommodation in disputed has become vacant, hence proceedings were initiated on it, which was registered as Case No. 17 of 2007. The Rent Control Eviction Officer, respondent No. 2 declared vacancy in respect of the accommodation in dispute vide order dated 31.10.2008 and by means of his order dated 15.12.2008 released the accommodation in favour of the owners Smt. Maya Devi and Sri Sanjay Kumar Singh. Aggrieved by the aforesaid orders, the petitioner preferred Rent Revision No. 16 of 2009, Smt. Ram Pyari Devi v. Rent Control Eviction Officer and others under Section 18 of the Act No. 13 of 1972 alongwith an application under Section 5 of the Indian Limitation Act.
(3.) THE Additional District Judge, Court No. 2 by his judgment dated 14.5.2009 rejected the revision aforesaid in which the petitioner had challenged the order dated 31.10.2008 and the releasing order dated 15.12.2008. The petitioner has challenged the validity and correctness of the impugned order dated 31.10.2008 and 15.12.2008, appended as Annexure Nos. 2 and 3 to the writ petition, praying for quashing of the aforesaid order dated 14.5.2009, (appended as Annexure No. 5 to the writ petition); order dated 15.12.2008 (Annexure No. 3 to the writ petition) and order dated 31.10.2008 (appended as Annexure No. 2 to the writ petition) passed by the respondent Nos. 1 and 2.;