Sudhir Chandra Verma, J. - (1.) THE tenant has prayed for quashing the impugned order dated 15th July 1989, by which vacancy was declared in respect of premises No. 57/108, Shatranji Mohal, Kanpur. An intimation of the vacancy was given in respect of the disputed premises on the ground that the tenant has shifted and removed all his belongings from the disputed accommodation to the house owned by him at 7/172 Swarupnagar, Kanpur. After the notices were issued to the parties it was contested by the tenant that the accommodation in dispute was not only used for residential purposes but also for business purposes of the firm. The tenant is still using the accommodation for business purposes and, as such, there was no vacancy. It is not disputed that the firm Ram Vilas Radha Kishan is doing cloth business from 49/15 Generalganj, Kanpur.
(2.) THE Rent Control and Eviction Officer after considering the material on record recorded a finding that the disputed accommodation was only used for the residential purposes by the partners of the firm. It has also been held that the tenant has now shifted to his own house and the accommodation was never used for business purposes. I have considered the entire material available on record and, in may opinion, the findings recorded by learned Rent Control and eviction officer, on the basis of which the vacancy was declared, do not suffer from an illegality or infirmity. The petitioners were given opportunity to bring on record the material which may indicate that the premises were being used for the business purposes as well but nothing could be furnished. The findings of fact are fully borne out from the material on record. The petition is devoid of merits and is accordingly dismissed. The interim order dated 20th April 1989 is hereby discharge.;