A.B. Srivastava, J. - (1.) BY means of this writ petition, an order dated 26 -8 -1981 passed by the IXth Additional District Judge, Kanpur, is sought to be quashed. S.D. Naronha and another, owners of premises No. 78 Cantonment, Kanpur, applied for release under Section 16 of U.P. Act 13 of 1972 of the said accommodation vacated by its tenant D. Punappa, on the ground that it was required by one of them S.D. Naronha for his residence as well as opening his business office, Keshav Ram Garg, the respondent No. 1 had applied for allotment of the said premises. Rejecting the release application, the R.C. & E.O. allotted the same in favour of one Tapan Kumar Mukherji, while the application of respondent No. 1 Keshav Ram Garg for allotment was rejected. On appeal being filed, the case was remanded and a fresh application for release was filed giving details of the need of the landlords. The respondent No. 1 opposed the said release application which was rejected and allotment was made in favour of the respondent No. 1. In revision, however, the order of the R.C. & E.O. was reversed and the premises was released in favour of the aforesaid landlords.
(2.) ON 8 -4 -1980 an application under Section 19 of U.P. Act 13 of 1972 was moved by respondent No. 1 Keshav Ram Garg before the IX Additional District Judge, Kanpur alleging that the release order dated 17 -3 -1979 was obtained by fraud because the landlords omitted to occupy the premises or use it for the purpose for which it was got released. Rather they have allowed the same to be occupied by Mohd. Idris (Predecessor in title to the present writ petitioners) and his family. A prayer was made to revoke the order dated 17 -3 -1979 and send information to the District Magistrate for fresh allotment. This application was opposed by the landlords who contended that they entered into possession in pursuance of the release order over the building, which was in a dilapidated condition, and after huge investment renovated it and applied for fresh electricity connection. A lot of orders from foreign countries have been secured by the release applicant No. 1. It is wrong to say that the landlords have ceased to occupy the said building. Mohd. Idris being holder of general Power of Attorney of the landlords was looking after this premises. He and his family is resident of premises No. 40/77 Parade, Kanpur.
(3.) THE Additional District Judge by the impugned order cancelled the release over and left it to the District Magistrate to declare vacancy and allot the premises if he thought it proper and legal.;