ATTAU RAHMAN MASOODI, J. - (1.) Heard Sri. Arvind Razdan, learned counsel for the petitioner and Sri. Kabir Ahmad Khan, assisted by Sri. Anurag Srivastava, learned counsel for opposite party no. 3. Opposite party no. 4 is the landlord who has neither disputed the petitioner's tenancy nor participated in the proceedings from the very inception and for this reason, notice to opposite party no. 4 was dispensed with.
(2.) The petitioner claims to be a tenant of the disputed residential accommodation situated on the second floor of the building known as house no. 332/127, Chowk Road, Opp. Hina Market, Lucknow which comprises of three rooms, kitchen, latrine and bathroom and one mumty elevation on the terrace inclusively.
(3.) The record reveals that an application in the prescribed form-A was filed by opposite party no. 3 before the Prescribed Authority i.e. Rent Control and Eviction Officer (hereinafter referred to as R.C. and E.O.) on 25.5.2015 under Section 16(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred as the U.P.R.C. Act). The opposite party no. 3 in the release application so filed indicated the accommodation in question to be a deemed vacancy and without disclosure of any standard/market rent as required in the prescribed format under item-15, the prayer for allotment of the same at a monthly rent of Rs. 1500/- was made before the R.C. and E.O. The proceedings on the said application appear to have commenced on 26.5.2015 when the Tehsildar (Judicial) was directed to inspect the premises, who after due notice to the petitioner (tenant) submitted a report on 30.7.2015. The inspection report clearly mentioned the building in question to be occupied by the petitioner and it further mentioned that the petitioner had initially entered into possession of the disputed accommodation as tenant on payment of a monthly rent of Rs. 2000/- in the year 2002, but at the time of inspection, the same was let out to him on a monthly rent of Rs. 5000/- for which there existed a lease deed executed on 23.2.2012.;