Sudhir Agarwal, J. - (1.) It appears that one Ram Shankar Tripathi, father of petitioners, was tenant of shop No. 26/36, Nemani Bhawan, Birhana Road, Kanpur Nagar. He died on 18.7.1998. It is alleged that respondents 2 and 3 thereafter occupied the aforesaid accommodation unauthorizedly and the impugned order has been passed by Rent Control and Eviction Officer, Kanpur Nagar (hereinafter referred to as 'RCEO') declaring vacancy in the aforesaid shop and also declaring occupation of respondents 2 and 3 to be illegal and unauthorized, but the said order has been challenged by petitioners on the ground that after the death of Ram Shankar Tripathi, tenancy devolved upon petitioners being his daughters and without giving opportunity of hearing to them, impugned order could not have been passed.
(2.) It is not in dispute that petitioners' father was a tenant and petitioners do not satisfy the definition of 'family under Section 3 (g) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'Act, 1972') and, therefore, question of devolution of tenancy upon petitioners does not arise since both the petitioners are married living with their in-laws. Therefore, there was no occasion for RCEO to give opportunity to the petitioners.
(3.) I find no merit in the writ petition.;