A.B.SRIVASTAVA, J. - (1.) THE subject matter of the second appeal and writ petition being the same and the points arising also being common, these have been heard together and are being disposed of by a common judgment.
(2.) THE dispute relates to a portion of house No. 110/118 Jawahar Nagar Kanpur. Suit No. 1340 of 1988 was filed in the court of Munsif, Kanpur Nagar by Pali Ram Agrawal, his wife, son and son's wife alleging that his brother-in-law Luxman Prasad was an allottee tenant of a portion of house No. 110/150 consisting of 5 rooms, kitchen, store, verandah, lavotary and bath room. The owner-landlord of this house is the defendant No. 1 Jageshwar Prasad. About 40 years ago the plaintiff No. 1 Pali Ram with his family started living in this house with Luxman Prasad. After the death of Luxman Prasad his interest was succeeded by his son Krishna Kumar, the defendant No. 2 in the suit. The rent receipts were issued in the name of the defendant No. 2, to avoid complications although the rent was paid by Pali Ram. In this way the relationship of landlord was created between Pali Ram and the landlord Jageshwar Prasad in view of the provisions of Act 13 of 1972. The suit for injunction was filed with allegation that the landlord Jageshwar Prasad was threatening to evict the plaintiff Pali Ram by force.
(3.) THE suit was contested by the landlord Jageshwar Prasad who denied Pali Ram's claim of tenancy as well as all other allegations made by him. He further pleaded that the tenant Krishna Kumar having constructed his own house in the city of Kanpur, the premises in question shall be deemed vacant and Pali Ram is an unauthorised occupant.;