S.U.Khan, J. - (1.) This writ petition is directed against orders dated 11.1.1994 and 20.1.1994 passed by Rent Control and Eviction Officer/A.C.M. IV, Kanpur Nagar in Case No. 21 of 90-91 pertaining to House No. 127/215 Juhi Kanpur under Section 12/16 of U.P. Act No. 13 of 1972 in between Suresh Kumar Sahu and Rajendra Singh. Through the first order vacancy was declared and through the second order the building in dispute was allotted to Jitendra Kumar Sahu, respondent No. 2. While declaring vacancy Rent Control and Eviction Officer held that petitioner himself stated that he was tenant since 1978 and the said tenancy being without any allotment order, there was vacancy.
(2.) One of the main arguments of the learned Counsel for the petitioner is that respondent No. 3 Suresh Kumar Sahu, who supported the case of Jitendra Kumar Sahu, for declaration of vacancy and allotment was not the landlord and it was a Dharmshala, which was the landlord. Rent Control and Eviction Officer held that initially Bhajan Singh was the tenant who had left the premises and the petitioner was unauthorised occupant after the vacation of the premises by Bhajan Singh. The petitioner along with his supplementary affidavit filed on 22.3.2006 has annexed copies of intimation given by Suresh Kumar Sahu regarding vacancy and objections filed by the petitioner. In Para 2 of the said objections it was stated that house in dispute belonged to Panchayati Dharmshala whose previous manager was Buddhu Lal and at that time Ayodhya Prasad was the Manager thereof and Suresh Kumar Sahu had no concern. It was also stated in the said objections that in the Assessment records for Nagar Mahapalika', Kanpur, for the period from 1973 to 1978, petitioners name was mentioned as occupant. In Para 6 it was stated that petitioner was tenant since 1978. However, no rent receipt was being issued. Thereafter an amendment application was filed by the petitioner before the Rent Control and Eviction Officer, copy of which is Annexure 3 to the writ petition. In the said application it was stated that in original application 1978 had wrongly been typed and it ought to be 1973. The said application was filed on 25.1.1994. By the said date vacancy had already been declared (on 11.1.1994). Rent Control and Eviction Officer in its order declaring vacancy held that no document of possession prior to 1978 was filed by the petitioner.
(3.) As far as the objection regarding landlordship is concerned, it was immaterial. Whether X is landlord or Y is landlord is not relevant for declaration of vacancy on the ground of letting without allotment order after July, 1976. The alleged Manager of Dharmshala i.e., Ayodhya Prasad never filed any objection against vacancy declaration order. Even if it is assumed that Ayodhya Prasad was the Manager of the Dharamshala, which is the landlord and he let out the house in dispute to the petitioner without allotment order in the year 1978, vacancy will come in to existence. Petitioner being unauthorised occupant could also not challenge the allotment order. There is no finding that it was let out by the landlord to the petitioner. The finding is that previous tenant illegally handed over possession to the petitioner, who is in no way related to the previous tenant.;