SUDHIR NARAIN, J. - (1.) THIS writ petition is directed against the order dated 1.2.1990, passed by respondent No. 1, declaring the disputed premises as vacant.
(2.) THE petitioner is a tenant of the rooms, store, verandah, Court yard and latrine in premises No. 103 P. 175, Transport Nagar, Kanpur of which respondent No. 2 is the landlady. Respondent No. 2 filed an application for release of the disputed accommodation for her personal need on the ground that she required it for the need of her family members. It was allowed that the tenant had purchased House No. 133/S-1, Rathupurwa, Kanpur in the name of his wife from one Shive Devi and he had shifted in the said house. Notice was issued to the petitioner on the application filed by respondent No. 2. He filed objection to the said application and it was denied that he had actually vacated the disputed accommodation. The accommodation was used for residential purpose and for the purpose of storing the goods for using and utilising the shop and for loading and unloading of the goods of the customers required to be transported from one place to another. Respondent No. 2 filed affidavit of Smt. Shiv Devi, the owner of house No. 133/S-1 Rathupurwa, Kanpur, a copy of which has been annexed as C.A. 7 to the counter-affidavit wherein she stated that she had sold house No. 133/S-1, Rathupurwa, Kanpur to one Smt. Rama Devi on 4-8-1987 and delivered its possession. The petitioner is utilising the first floor for residential purpose and ground floor of the said house for commercial purpose. The Rent Control Inspector submitted a report that the disputed house was locked. The tenant has shifted to house No. 133/S-1, Rathupurwa, Kanpur and he has removed his household goods from the disputed house. Respondent No. 1 by his order dated 1.2.1990, taking into consideration the fact that the wife of the petitioner had already purchased house No. 133/S-1, Rathupurwa, Kanpur and has shifted in that house and residing there since 1987, declared the disputed accommodation as vacant.
(3.) I have heard learned Counsel for the parties.;