Sudhir Agarwal, J. - (1.) This is a writ petition under Article 226 of the Constitution of India filed by Dr. Ram Murti Yadav son of Sri K.N. Yadav claiming himself to be a tenant of disputed accommodation assailing the order dated 15.07.1998 passed by Rent Control and Eviction Officer, Kanpur Nagar (hereinafter referred to as the "RCEO") declaring certain portion of house No. 1/57 Nawabgang, Kanpur Nagar, vacant, and directing for notification of vacancy for its allotment; and, the order dated 20.07.1998 releasing the aforesaid accommodation in favour of Sri Rajeev Kumar Jain, respondent no. 2 and Smt. Sadhna Jain wife of Sri Rajeev Kumar Jain, the owners of aforesaid accommodation.
(2.) The vacancy was declared by RCEO on the ground of unauthorized subletting, i.e., in purported exercise of power under Section 12 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972").
(3.) The house in question of which the disputed accommodation was a part, earlier was owned by Smt. Kundan Devi wife of Sri Jagdish Sharan Saxena. It was subsequently purchased, through a sale deed, by respondents no. 2 and 3 from Smt. Kundan Devi. One Sri A.K. Jauhari son of Sri R.S. Jauhari filed an application dated 11.06.1997 seeking allotment of accommodation possessed by petitioner on the ground that there is a deemed vacancy on account of illegal subletting by petitioner to one Sri Mahatam Pandey whereupon the RCEO issued order for inspection and report from Rent Control Inspector. The report dated 26.08.1997 was submitted by Rent Control Inspector stating that there are four rooms, one small room, one store, verandah, kitchen, bathroom, angan, gallery and outside chabutara being part of building in question and at the time of inspection, it was told to be, in possession of one Ram Murti Yadav, residing in disputed part since 1972. Sri Jauhari filed affidavit alleging that earlier the accommodation in question was in the tenancy of one Bramco Corporation and thereafter without any letter of allotment it came to be occupied by petitioner who occupied the same alongwith Mahatam Pandey, whose name has been shown in the voter list also.;