- (1.) RAKESH Tiwari, J. Heard learned counsel for the parties.
(2.) THE admitted facts of the case are that petitioner's father was a tenant of house No. 12/224, Gwal Toli, Kanpur Nagar. After the death of his father Sri Ram Dulare, the tenancy devolved upon his son Tek Chandra alongwith other family member. The case of the petitioner before the court below admittedly was that all the members of the family upon whom the tenancy had devolved consented that Sri Tek Chandra son of late Ram Dularey, the tenant, would inherit tenancy and they have no concern with it. Subsequently, Sri Tek Chandra acquired House No. 10/291, Khalasi Line, Kanpur Nagar. It also appears that other members of the family, i. e. , Nanda, Chunni Lal Chunna and Babloo, after their marriage also acquired separate independent residential houses and only Smt. Anara Devi, the widow of the tenant late Ram Dularey, being alongwith her son minor Babloo continued to live in the house in dispute.
(3.) THE landlord moved a release application for declaring vacancy which was contested by the petitioner on the ground that it had inherited the tenancy from the father. THE Court in Case No. 101/2003 by the impugned order dated 4. 9. 2003 after considering the records and the admitted position in the case held as under : Hindi Thus, by the impugned order vacancy had been declared. Learned counsel for the petitioner argued that as the petitioner had inherited the tenancy of his father when he was a minor, and is still living in the house in dispute after the death of his widowed mother Anara Devi, the order impugned declaring vacancy is illegal.;