- (1.) RAKESH Tiwari, J. Heard learned Counsel for the parties and perused the record.
(2.) THE petitioner claims to be oc cupying a structure below balcony in House No. 123/376 (New) and 123/110-A (Old), Gaderiyanpurwa, Kanpur Nagar since 1996 on rent at the rate of Rs. 500/- per month as the tenant of respondent No. 1. THE structure is bounded by iron grills with the balcony above serving as roof. He carries on the business of welding/repairing of trac tor, trolleys etc. The case of the petitioner is that he was a tenant and though initially there was no agreement to this effect between the partys but subsequently upon his repeated requests a written permission was granted to him to run the workshop. It appears that the landlords had purchased the premises in dispute vide sale-deed dated 15-5-1995. It also ap pears from the record that the landlord was doing the business of welding and repairing of automobile vehicles, i. e. , trucks, tractors etc. in the same building and he allowed the petitioner to do the aforesaid business on commission basis in his premises in a small area below the balcony which was sur rounded by iron grills.
(3.) AT some point of time there arose a dispute between the petitioner and the landlords of the premises and as such Suit No. 313/2000 was filed by the petitioner for permanent injunction against the landlords for the relief not to evict him except in accordance with law on the allegation that the landlords wanted to throw him out without follow ing the process of law. The suit is said to be still pending before the Civil Judge (Junior Division), Kanpur Nagar. It is alleged that because of the suit the landlords got an application filed through Sri D. N. Dubey who is their servant for allotment upon which proceedings were initiated under the U. P. Urban Buildings (Regulation of Let ting, Rent and Eviction) Act, 1972. The report of Rent Control Inspector was sought by the Rent Control and Eviction Officer which was submitted by him on. 20-7-2004 for deciding the question of vacancy.;