- (1.) Heard Sri Ashok Bhatnagar, advocate, holding brief of Sri Rama Nand Gupta, advocate, for petitioner and Sri Mohit Saxena, holding brief of Sri Ajeet Kumar, advocate, and learned standing counsel for respondents. This writ petition is directed against the order dated 11.10.2000 passed by Rent Control and Eviction Officer/District Magistrate, Kanpur Nagar (hereinafter referred to as "R.C.E.O.") for taking eviction proceedings by issuing Form-D for compliance of Court's order dated 26.5.1993, rejecting petitioner's claim that the accommodation in question was already allotted to him on 2.6.1998.
(2.) The dispute relates to residential accommodation bearing Municipal No. 52/12, Shakkarpatti, P.S. Collectorganj, Kanpur Nagar which is owned by the respondent-landlord namely, M/s. Kanpur Sugar Merchants Association, i.e., Respondent No. 2. The accommodation was earlier in the tenancy of one, Ram Kumar Agrawal, who was allotted the same vide allotment order dated 18.12.1971 under the provisions of Act No. 3 of 1947.
(3.) The facts from the pleadings show that the aforesaid accommodation was sought to be released under Section 16(1)(b) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") on an application filed by respondent No. 2-landlord, i.e., Rent Case No. 163 of 1993. It was pointed out that the erstwhile tenant Ram Kumar Agrawal has already got a residential house constructed at plot No. 1051, Pokharpur, Lal Bungalow, Kanpur and has shifted his belongings thereat, hence there is a deemed vacancy. The landlord needs the accommodation in question for his personal need, therefore, it should be released in his favour.;