- (1.) RAKESH Tiwari, J. Heard Counsel for the petitioner and perused the record.
(2.) THIS is tenant's petition challenging the validity and correctness of the impugned order dated 13-11- 2003 passed by the Rent Control and Eviction Officer/additional City Magistrate, 7th Kanpur Nagar- respondent No. 1, declaring vacancy of the premises in dispute. The case of the petitioner is that he is tenant of one room and a Varandah since 1968 on a monthly rent of Rs. 100/-, the house was purchased by Smt. Mithlesh Tripathi-respondent No. 3 from the original owner Sri Chailbehari Nigam by means of registered sale-deed dated 16-4-2001. The construction has Khaprail or tiled roof. One Sri Jai Narain Jha, a prospective allottee moved an application for allotment, under Section 12 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'u. P. Act No. XIII of 1972') which was registered as case No. 75 of 2001. The building was inspected by the Rent Control and Eviction Inspector who submitted his report on 22-9-2001 that claim of prospective allottee is that the petitioner is residing since 1987 without allotment order whereas the case of the petitioner-tenant is that he is residing in the accommodation in dispute since 1968 i. e. , prior to coming into force of the U. P. Act No. XIII of 1972.
(3.) WHILE declaring the vacancy, it has been held by respondent No. 1 that prima facie, the receipts filed by the tenant appear to be forged as a subsequent affidavit had been filed by the landlord inter alia, stating that no such receipts had been issued. The order declaring vacancy has been challenged on the ground that the rent receipts were issued by the erstwhile landlord, contained in Annexure 3 to the writ petition and that the name of the petitioner as tenant is also recorded in the sale-deed dated 16-4-2001 in favour of the respondent No. 3.;