- (1.) This writ petition under Art. 226 of the Constitution of India arises out of proceedings for ascertainment of vacancy and allotment of the premises No. 71/177 A Sutarkhana Kanpur Nagar under Ss. 12 and 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (In short the Act) and is directed against the order dated 9-10-1991 passed by Special Judge (E.C. Act) Addl. District Judge, Kanpur Nagar in Rent Revision No. 131 of 1985, Ram Prasad Singh v. District Magistrate, Kanpur Nagar and another setting aside the order dated 14-8-1985, whereby the V Addl. City Magistrate/Rent Control and Eviction Officer, Kanpur Nagar had held that the shop in dispute was not vacant inasmuch as Mohd. Idris alias Banne Mian had been in occupation thereof from before July 1976 and carrying on tea-stall/Dhaba business therein.
(2.) The summed up facts necessary to highlight the controversy between the parties and to decide the questions raised at the bar, may be set out as they emerge from the record of the case.
(3.) Mst. Zohra Khatoon (at some places she is described as Zohra Begum) was admittedly the original tenant of the premises in question. She is said to have died in the year 1981. Mohd. Idris claims himself to be the son-in-law of Mst. Zohra Khatoon. It is said that Smt. Kastoori Begum, the wife of Mohd. Idris alias Banne Mian, is the daughter of Mst. Zohra Khatoon. It appears that one Abdul Rehman had applied for allotment whereupon the Rent Control Inspector submitted a report dated 19-4-1983 to the Rent Control and Eviction officer stating therein that Smt. Zohra Khatoon, the original tenant, had either died or gone away elsewhere; that Banne Mian alias Mohd. Idris was said to be in unauthorised occupation in the premises which was owned by Abhai Trust and managed through its Pujari Sri Susheel Chaturvedi; and further that Banne Mian alias Mohd. Idris could not show any rent receipt of the period prior to July 1976. The Rent Control Inspector as would transpire from the perusal of the record took down the statement of Mohd. Idris and submitted the same alongwith his report to the Rent Control and Eviction Officer. A copy of the statement is annexed as Annexure C.A.1 to the counter affidavit. On the basis of the aforesaid report, the Rent Control and Eviction Officer passed the following order on 20-4-1983. "I have seen the report of R.C.I. First report findings are based on receipts produced by the occupant. All the receipts are of post July 76 period. On that basis he cannot be treated as regular tenant. In subsequent report the position.............. vacancy seems in the premises u/S. 12(1)(c). Let the vacancy be notified and put up for further necessary action on 5-5-83. Sd/- S. S. Sengar 20-4-83. R. C. and E.O.";