Rakesh Tiwari - (1.) -Heard Sri Vishwa Ratna Dwivedi, counsel for the petitioner.
(2.) THIS writ petition arises out of release order dated 11.7.2006 passed by the Rent Control and Eviction Officer/Additional District Magistrate (VI), Kanpur Nagar-respondent No. 1, appended as Annexure 7 to the writ petition releasing premises No. 109/70, Nehru Nagar, Kanpur Nagar in favour of the landlord-respondent No. 2. The facts of the case, as placed by counsel for the petitioner, are that the petitioner is tenant of ground floor accommodation of house No. 109/70, Nehru Nagar, K Nagar comprising of one covered Verandah, two rooms and other common amenities. Sri Anand Kumar Misra is the landlord. Sri Anand Kumar Misra-respondnt No. 2 moved release application, registered as Case No. 31 of 2005 under Section 15 (1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') in respect of the accommodation, in dispute.
(3.) ON the direction of Rent Control and Eviction Officer-respondent No. 1, the Rent Control Inspector conducted spot inspection on 2.3.2005 and vide his inspection report dated 31.3.2005, appended as Annexure-2 to the writ petition, he reported that the petitioner is in fact, living in other house at Rambagh, Kanpur and she is an unauthorized occupant of the disputed accommodation and recommended that the vacancy be declared. The relevant extract of the report of the Rent Control Inspector dated 31.3.2005 is as under :- ...[VERNACULAR TEXT OMMITED]... On receipt of notice, the petitioner filed objection specifically stating therein that the respondent No. 2 was not the landlord. She claimed that Sri Rajiv Mishra alias Sri Raju Mishra-respondent No. 4 is the real landlord and she was continuously paying rent to him. She further assailed the inspection report of Rent Control Inspector on the ground that, in fact, no inspection was made and the report was concocted one. Respondent No. 2-the landlord also filed rejoinder.;