MAHESH CHANDRA TRIPATHI,J. - (1.) Heard Shri Ramendra Asthana, learned counsel for the petitioners and Shri Prakash Padia, learned counsel for the Life Insurance Corporation of India.
(2.) Smt. Asha Rani Bhatia and two others are before this Court assailing the judgment and order dated 29.5.2017 passed by learned 15th Additional District Judge, Kanpur Nagar dismissing Misc. Appeal No.31 of 2009 ( K.L. Bhatia and ors vs. the Estate Officer and another ) and the order dated 21.2.2009 passed by the Estate Officer under the Public Premises (Eviction of Unauthorized Occupants) Act, 1972 in Case No.K-2/2007 ( LIC of India vs. K.L. Bhatia and others ) and for direction commanding the respondent nos. 1 to 3 not to draw any proceedings or pass any order on the basis of the aforesaid orders.
(3.) Record in question reflects that the petitioners alongwith proforma respondent nos. 4, 4/1, 4/2 and 4/3 were the tenants of House No.4, Free India Estate No.15/116, Civil Lines, Kanpur Nagar area 2250 sq. feet on monthly rent of Rs.81.69 plus water tax and drainage tax amounting Rs.11.44 and Rs.3.27 respectively. The tenancy in question was a monthly tenancy commencing from the first day of each English calender month and expiring on the last day of that month. The aforesaid premises is situated on land belonging to State of U.P. On 9.9.1932 a lease deed was executed by the Collector in respect of Nazul Land (Plot No.34) for a period of 30 years with effect from 31.8.1932 with a condition that the premises in dispute shall be used only for residential purpose. The aforesaid lease deed expired on 30.8.1962 and it was never renewed thereafter. In the year 1935 the lease was granted in favour of Sri M.N. Bhargava and the same was registered in his name. He constructed large number of the building over the same known as Bhargav estate. In the year 1940 Sri M.N. Bhargav transferred the lease right of the aforesaid property in favour of M/s Free India General Insurance Company Ltd. which was subsequently succeeded by Life Insurance Corporation of India after nationalization in the year 1956.;