- (1.) Notice upon the respondent was directed to be issued by registered post A.D. as well as personally. The personal notice was not accepted by the respondent and was returned as is evident from the affidavit of service. The registered notice sent to the respondent was returned with the postal remark that on inquiry no person with the name of the respondent was found living in the said house. Notice as such was directed to be published in the daily newspaper Dainik Jagran. Petitioner has filed affidavit of service annexing the copy of the Dainik Jagran dated 14.12.2010 wherein the notice of this petition was published fixing 3rd January 2011 as the next date. The original of the said newspaper has been produced by the Counsel for the petitioner and is taken as part of the record. In spite of steps taken by the petitioner for serving respondent by all the three modes as referred to above, no one till date has put in appearance on behalf of the respondent and filed counter-affidavit.
(2.) In view of the above, deeming the service of notice to be sufficient upon respondent by publication, the Court proceeded to hear the petition as ex parte, having no other option. List has been revised. No one appears for the respondent.
(3.) I have heard Sri P.K. Mishra assisted by Sri Amit Singh, learned Counsel for the petitioner. The challenge in the petition is to the revisional order dated 23.1.2010 passed by the Additional District Judge allowing rent revision No. 29 of 2009, Shiv Lal Gupta v. Nathu Lal Jaiswal. The dispute is about house No. 10/12 E-1 Khalasi Line, Kanpur Nagar. Petitioner is the owner and landlord pi the said house which was let out to late Satya Narain Gupta, the father of the respondent. On the death of Satya Narain Gupta the tenancy was inherited by the respondent. The wife of the respondent acquired house No. 2/283 Nawabganj within the municipal limits of Kanpur City. At the same time, petitioner landlord acquired house No. 7/12 Ambedkar Nagar Kidwai Nagar, Kanpur which was allotted to him by the U.P. Awas Evam Vikas Parishad, Lucknow.;