S.C.VERMA, J. - (1.) THIS petition is directed against the order dated 17.7.1989 under Section 12 of U.P. Act No. 13 of 1972 passed by the Additional District Magistrate, Rent Control and Eviction Officer, Kanpur.
(2.) THE dispute related to premises No. 76/577, Coolie Bazar, Kanpur Nagar and one godown is under the tenancy of the petitioner. Initially the father of the petitioner late Surender Kumar Gupta was tenant of the godown for the last 27 years and carried on the business in the name of M/s. Narayan Prasad Phool Chand. The landlord has intimated the vacancy and had also filed an application for release of accommodation. The premises were inspected by the Rent Control Inspector in presence of the son of Sri Surendra Kumar Gupta. According to the report of the Rent Control Inspector the iron material was stored in the godown. The case set up is that the tenant had sold the goodwill of his business in favour of one Sri Pawan Kumar Jain and has also informed with regard to the closure of the business to the Sales Tax Officer by a letter, copy of which has been filed as Annexure CA-3. According to the tenant the godown in question is under the tenancy for last 27 years and they have been carrying on the business of iron and steel on commission basis.
(3.) THE tenant filed an agreement dated 6.2.1988 with one Sri Ratan Kumar by which he has become sale and consignment agent of the principal and would get commission on the sale of iron goods supplied to him by the principal at the rate of Rs. 23 per metric ton. The petitioner further alleged that the landlord had also initiated proceedings under Section 21(1)(a) of U.P. Act No. 13 of 1972 which are pending.;