- (1.) The petitioner is the tenant-in-chief of property No. 15/239, Civil Lines, Kanpur since 1947. The third respondent, M/s Jagat Estate is the owner/landlord since 14 September 1984. The landlord submitted an intimation of vacancy on 30 May 2001 to the City Magistrate, Kanpur Nagar under Section 15(1) of U.P Act No. 13 of 1972 (herein after referred to as ''the Act, 1972") intimating that the property in question had fallen vacant as the property was sublet by the tenant to other firms. The petitioner contested the application stating that the petitioner is a tenant for more than 60 years, the intimation of vacancy is barred by laches under Section 15 (1) of the Act, 1972, further it was contended that the matter of subletting was also the subject matter of Suit No. 80 of 2001 and Suit No. 39 of 2004 filed by the landlord which is pending before the civil court, therefore, the property cannot be released in a summary proceedings under Sections 12 and 16 of the Act, 1972. It was alleged that Gram Udyog Mandal and M/s Gandhi Shanti Pratishthan were in occupation of a portion of the disputed property with the consent of the previous landlord. The delay condonation application in filing the vacancy application was rejected by order dated 11 September 2002 holding that the application is time barred, accordingly, the impugned order dated 10 December 2009 passed by the City Magistrate/Rent Control & Eviction Officer was contrary to the order dated 11 September 2002 and 31 March 2003. The Rent Control & Eviction Officer by the order dated 10 December, 2009 held that the entire portion under the tenancy of the petitioner which includes 28 rooms, 4 verandas, 6 latrines, bathrooms, 2 kitchens, angan, 2 tin-sheds, store and 10 servants quarters including the land appurtenant to the building of which the petitioner has sublet a portion to M/s Gram Udyog Mandal which includes 7 rooms, 4 small rooms, 2 varandas, 2 kitchens, 2 servant quarters and tin-shed and to Gandhi Shanti Pratishthan, which comprises of 3 rooms, one latrine and bathrooms, 2 servant quarters as tenants, shall be deemed to be vacant under Section 12 of the Act, 1972.
(2.) Against the order, the petitioner filed an application under Rule 22(f) of the Act, 1972 read with Section 151 C.P.C. to recall the order dated 10 December 2009. Similarly, M/s Gram Udyog Mandal filed a review application against the same order. Both the applications were dismissed on 23 December 2009 and 25 January 2010 respectively. The third respondent/landlord filed an application for release of the disputed premises pursuant to the order dated 10 December 2009, contending that the premises is required for personal need and would construct a multi-storied commercial complex. The said application was allowed by the Rent Control & Eviction Officer vide order dated 27 May 2011. Aggrieved, the petitioner preferred a revision being Rent Revision No.53 of 2011 ( M/s Bhartiya Antar-rashtriya Vyapari Pvt. Ltd. Vs. M/s Jagat Estate and another) which was rejected on 18 November 2014.
(3.) The petitioner has come up in writ jurisdiction assailing the revisional order dated 18 November 2014 passed by Additional District Judge, Court No. 3, Kanpur Nagar, orders dated 27 May 2011 and 10 December 2009 passed by City Magistrate/Rent Control & Eviction Officer, Kanpur Nagar.;