S.U.KHAN, J. - (1.) SHRI Pramod Jain, learned Counsel for landlady-respondent No. 2 states that his client is not responding.
(2.) HEARD learned Counsel for the petitioner. This writ petition is directed against vacancy declaration order dated 7.2.2001 passed by Rent Control and Eviction Officer/Additional District Magistrate (City), Meerut in Case No. 91/72/98, Manoj Kumar Dagar v. Gyanwati. Proceedings were initiated on the allotment application filed by Manoj Dagar-respondent No. 3. Property in dis­pute is a shop bearing No. 1138 situate on P.L. Sharma Road, Meerut. Rent of the shop in dispute is Rs. 200/- per month. Petitioner asserted before R.C. and E.O. that his father Babu Lal was tenant for about 35 to 40 years. Landlord as­serted that petitioner was tenant for 10 to 12 years. In order to show old tenancy continuing from the time of his father, petitioner filed some receipts. The re­ceipts were of the year 1974, 1979, 1980, 1986 and 1998. Except the receipts of 1974 and 1979 all other receipts were issued by respondent No. 2 Smt. Gyanwati. However, the receipts of 1974 and 1979 were issued by Smt. Kela Devi. The R.C. and E.O. concluded that from the said receipts it was clear that before 6.9.1979 petitioner's father was not tenant of Gyanwati but of Smt. Kela Devi. It was further held by R.C. and E.O. that petitioner's father was not ten­ant since before 1974. Accordingly vacancy was declared. It appears that Kela Devi was previous landlady, hence she issued re­ceipts in favour of the petitioner's father. It could not make his occupation unauthorised. Even if tenancy started with effect from 1974 it was quite valid as section 14 of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 was amended in 1976 (w.e.f. 5.7.1976) and it was provided therein that tenants with the consent of the landlord on the said date should be treated to be valid tenants.
(3.) IT may also be mentioned that a supplementary affidavit has been filed by the petitioner today annexing therewith copy of release application which has been filed by landlady-respondent No. 2 against petitioner under section 21 of the Act on the file of Prescribed Authority/J.S.C.C., Meerut in the form of Case No. 68 of 2006.;