Om Prakash Jain, J. - (1.) HEARD learned counsel for the petitioner and the learned counsel for the caveator are present. This is a tenant's writ petition against the impugned order dated 22.5.95. The brief facts of the case are that deceased Ram Murat was the original tenant. The respondent No. 2 Smt. Sushila Devi filed an application for release which was rejected by the Prescribed Authority. Smt. Sushila Devi filed an appeal before the Addl. District Judge and during the pendency of the appeal Ram Murat died. Petitioner Anil Kumar Singh who claims to be the adopted son of deceased Ram Murat has been impleaded as the legal representative of the deceased. The Addl. District Judge came to the conclusion that after the death of Ram Murat, Anil Kumar Singh who is a boy of twelve years is not expected to live alone in the house in question at Kanpur. In this view of the matter the appeal filed by landlady Sushila Devi has been allowed vide impugned judgment dated 22.5.95.
(2.) THE learned counsel for the petitioner has vehemently argued that Anil Kumar Singh will live at Kanpur under the guardianship of his natural mother Smt. Saroj Devi and, therefore, his hardship should have been taken into consideration by the learned Addl. District Judge. This contention has no force. The record shows that deceased Ram Murat was issueless and has not left any widow. He was a retired person who was drawing pension. The Addl. District Judge was not satisfied by the theory of adoption and it was simply assumed for the sake of argument that Anil Kumar Singh has been adopted by the deceased. The court below has rightly observed that a boy of twelve years is not likely to live in house in question at Kanpur. It may be mentioned that Anil Kumar Singh is the son of Ram Murat's nephew Bechan Singh and prior to the alleged adoption he was living in a village. The fact that the present petition has been filed by Anil Kumar Singh through his natural mother Smt. Saroj Devi shows that he will live at the village with his natural parents. This writ petition, therefore, has no force and is hereby dismissed in limine.;