S.U. Khan, J. - (1.) This writ petition has been filed by the tenant and is directed against order dated 23.5.1987 passed by R.C.&E.O./A.C.M.(IV), Kanpur Nagar. Through the said order vacancy of the accommodation in dispute which is in the form of one room has been declared on the ground that initially one Mela Singh son of Alkha Singh was the tenant of the room in dispute and he had vacated the same and had shifted to the house constructed by him and thereafter landlord-respondent no.3 Sardar Indar Singh (since deceased and survived by legal representatives) illegally and without allotment order let out the said room to the petitioner.
(2.) Admittedly in the two adjoining rooms father of the original petitioner (since deceased and survived by legal representatives) i.e. Late Sardar Bhagwan Singh was the tenant.
(3.) The case of the petitioner was that Bhagwan Singh was tenant of all the three rooms and after his death he was survived by three sons i.e. Manjeet, Baldeo (original petitioner) and Indra Jeet Singh alias Mela Singh and one daughter Daljeet Kaur. According to the petitioner Mela Singh was his brother and as he (petitioner) was continuing in possession as son of the original tenant Bhagwan Singh hence due to vacation of the house by Mela Singh no vacancy occurred.;