RAKESH SHARMA, J. - (1.) HEARD Sri P.L. Misra, learned counsel for the petitioner, tenant and Sri Anil Kumar, learned counsel who has appeared for the landlord, Sri Mahabir Swaroop Saxena, Opposite Party No. 1. The learned Standing Counsel has put in appearance on behalf of opposite parties No. 2 and 3.
(2.) THE petitioner has assailed the judgment and order passed on 22-5-2003 by the Additional District Judge/Special Judge, N.D.P.S. Act, Lucknow in Rent Revision No. 11 of 2000, arising out of the release order and declaration of vacancy dated 20-5-2000 passed by the Vth Additional City Magistrate, Rent Control and Eviction Officer, Lucknow in Case No. 57 of 2000. Both the Courts below have recorded concurrent findings of facts that the petitioner was an unauthorized occupant in the premises in dispute No. 509/5, Old Hyderabad in the city of Lucknow. The house in question has been released in favour of the landlord, respondent No. 1. After the above order was passed by the trial Court, Form 'C' was issued, directing the petitioner, Manoj Krishna Shukla to handover the vacant possession of the premises by 13-6-2003. On receiving notice, Form 'C' the petitioner has approached this Court by filing the present writ petition.
(3.) IT emerges from record that a release application under Section 16(1)(b)of U.P. Act No. 13 of 1972, was filed for release of House No. 509/5. Old Hyderabad, Lucknow. It is admitted to the parties that the said house was purchased by Sri Mahabir Swaroop Saxena, Advocate from the previous owner, landlord, Sri Ram Autar Shukla son of late Anandeshwar Shukla through a registered sale deed executed on 13-1-1989. A perusal of the sale deed reveals that the house was owned and was in possession of Sri Ram Autar Shukla. His wife had already died on 29-12-1981 and Sri Ram Autar Shukla was living alone in the house and the same was not rented out to anyone. It was in physical occupation of Sri Ram Autar Shukla at the time of execution of the sale deed. Sri Mahabir Swaroop Saxena had submitted in the release application that he was handed over the vacant possession of the house in pursuance of the registered sale deed, however, some of the articles belonging to the previous landlord, Sri Ram Autar Shukla were kept in one room which he had promised to remove after sometime.;