- (1.) THIS petition has been filed by the tenant for quashing the order dated 13th April, 1998 passed by the Rent Control and Eviction officer by which the vacancy has been declared under section 12 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act ).
(2.) THE proceedings started on the basis of the release application filed by the landlord under section 16 (1) (b) of the Act and also on the basis of an application for allotment filed by a prospective allottee under section 16 (1) (a) of the Act.
(3.) A perusal of the release application filed by the landlord indicates that the landlord mentioned in Paragraph 4 of the application that the shop was given to Ram Prasad on a monthly rent of Rs. 20-/- that Ram Prasad died in 1963 leaving behind his two sons Kedar Nath and Radhey Shyam as his legal heirs, that Kedar Nath died issueless leaving behind his widow smt. Sidheshwari and the other son Radhey Shyam also died leaving behind two sons, Pradeep Gupta and Rajesh Gupta, that Smt. Sidheshwari Devi widow of kedar Nath also shifted from the disputed shop and she started residing at 108/167, P. Road, Kanpur-Nagar since about two years and that the son of radhey Shyam has also shifted at Barra along with their family; that Smt. Sidheshwari gove. othorezed posstion of the shop to one Mahesh Kumar gupta who was nither the legal heir notany blood relative of the tenant Ram prasad; that the said Mahesh Kumar Gupta was doing on business of lottery which had been closed by the U. P. Government and so, the disputed shop was lying closed and Mahesh Kumar Gupta had illegally put the lock. It was, therefore, pleaded that the said shop be declared vacant under section 12 (1) (a) of the Act.;