M.P.Singh - (1.) THIS present writ petition is directed against an order declaring vacancy of house no. 105/549-A Kanpur. The petitioner was the tenant.
(2.) THE case set up by the petitioner was that he was a tenant of two room accommodation since 1947. It was situated in a Muslim locality and there were communal disturbances in Kanpur in the year 1989-90. In addition to this the petitioner had been ailing for the last 3 or 4 years. He was getting treatment in J. K. Institute of Cardiology. On account of these two factors the petitioner decided to move out of Kanpur for a short period. He accordingly moved an application before the District Magistrate under section 2-A of the U. P. Act No. Xiii of 1972 for granting a short term licence to Mustaq Ahmad s/o Sri Nasiruddin. The same day an application was filed by the opposite party no. 2 for allotment of accommodation on the ground that there was a deemed vacancy as the petitioner has permitted one Wilayatuilah Khan to occupy the premises. The Rent Control Inspector was directed to make enquiry. He submitted his report on 25-8-1990, He found the petitioner to be in occupation of the premises. The Additional District Magistrate who was functioning as Rent Control and Eviction Officer passed an order on 28-1-1991 holding that the house was not legally vacant.
(3.) A fresh application was filed on 8-2-1991 by the respondent no. 2 that now the said house has become vacant. It may be allotted to him. The Rent Control Inspector was directed to make fresh enquiry. He submitted his report on 15-2-1991 in accordance with Rule 8 (2) of the rule framed under the Act. The Inspector found that the previous tenant Narain Das (Petitioner) has permitted Mustaq Ahmad and Wilayatuilah Khan, unauthorised occupants to occupy the portion which was in his possession. The ground floor was occupied by Mustaq Ahmad and the first floor by Wilayatullah Khan, After getting the report the Rent Control and Eviction Officer passed an order on 10-10-1991 declaring vacancy. The present writ petition has been filed against the said order.;