- (1.) Writ petition is directed against the order dated 15.4.2011 passed by Rent Control and Eviction Officer, Kanpur Nagar (hereinafter referred to as "RCEO") declaring vacancy in shop situated at 108/165, Rambagh, Sisa Mau, Kanpur Nagar owned by Sri Satish Chandra Srivastava, respondent no. 1, and the order dated 27.9.2011 rejecting petitioner's application dated 18.5.2011 for review of earlier order and the revisional order dated 4.8.2012 passed by Addl. District Judge, Court No. 15, Kanpur Nagar dismissing petitioner's revision.
(2.) The facts in brief, as borne out from record, are that the aforesaid shop was initially allotted to petitioner, Ashok Kumar Sindhi, vide RCEO's order dated 4.1.1993 (Annexure 2 to writ petition). The allotment order also shows at that time address of petitioner at 105/43, Premnagar, Kanpur Nagar. Petitioner commenced his business of Cloths under the name and style "Ashok Suits Palace". Respondent no. 1 in 2007 made a complaint that petitioner has shifted to Chennai. He has his own residential accommodation thereat and doing independent separate business at Chennai. The shop in question is now occupied by one Chander Kumar who is doing business in the name and style of "Divya Collection". Therefore, there is a deemed vacancy under Section 12 (1) (b) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972").
(3.) The RCEO directed for inspection of the shop in question. It was inspected by Rent Control Inspector (hereinafter referred to as "RCI") who submitted report on 18.11.2008. He verified the fact that shop is being run in the name and style of "Divya Collection", engaged in business of sale of "fancy Shalvar suits and dress" etc. At the time of visit of Inspector, Sri Chander Kumar was there and on enquiry he said that he is servant of Sri Ashok Kumar Sindhi, the petitioner. Subsequently Sri Chander Kumar called Sri Ashok Kumar Sindhi who also endorsed the statement of Sri Chander Kumar. However, the landlord who was also present at the time of inspection informed that Sri Ashok Kumar Sindhi is doing his business at Chennai having shifted thereat in 2007 and presently the shop is being run by Sri Chander Kumar, who is not a family member of Ashok Kumar Sindhi.;