A.K.YOG, J. - (1.) HEARD Sri P.N. Khare, learned Counsel for the petitioner as well as Sri P.K. Srivastava for contesting landlord -respondent No. 3.
(2.) THE petitioner admitted his status that of an unauthorised occupant as recorded videjudgment and order dated July 22, 1995 passed by 1st Additional Judge Small Causes Court, Kanpur Nagar in JSCC Suit No. 54 of 1983 (Rajeswariv. Jagdish)/Annexure -1 to the writ petition and thereby defeated the suit filed by the landlord -respondent No. 3 for eviction and possession of the petitioner, apart from other reliefs before Judge Small Causes. In the said suit, apparently no plea was raised by either plaintiff or the defendant (i.e., petitioner and respondent No. 3) that petitioner was in possession of the accommodation in question prior to 5 -71976 i.e., the date of commencement of Act No. 28 of 1976. After JSCC suit aforesaid was decided as not maintainable, the landlord respondent No. 3 filed an application before the delegated authority intimating the vacancy under Section 16 of U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, U.P. Act No. XIII of 1972, hereinafter called 'the Act'.
(3.) THE Delegated Authority/Rent Control and Eviction Officer, Kanpur Nagar initiated proceedings for allotment/release of the accommodation in question and in pursuance there to an order dated 25 -7 -1998, declaring vacancy with regard to the accommodation in question was passed.;