- (1.) By means of this writ petition, the petitioner has challenged the order dated 9-2-1995 passed by respondent No. 2 declaring the vacancy and the subsequent order dated 16-2-1995 releasing the accommodation in question in favour of the landlord-respondent.
(2.) The dispute relates to a portion of house No. 105/216, Chaman Ganj, Kanpur Nagar, which is admittedly in the tenancy of the petitioner since before the commencement of the U.P. Act No. 13 of 1972, hereinafter referred to as 'the Act'.
(3.) An application on behalf of the landlord was moved by his power of attorney before the Rent Control Inspector that since the petitioner-tenant has subject the disputed accommodation, the same has been vacant and it be released in his favour. A report was called for from the Rent Control Inspector who inspected the premises and found some workers and labourers working inside the premises and a hoarding bearing the name "M/s. Footcraft International, Proprietor Naseem" was found placed therein. The landlord gave out in his statement that the premises in question has been sublet to M/s. Footcraft International and Commercial Traders at higher rent. Notices were issued and the petitioner filed objections to the effect that he is in occupation of the accommodation in question as tenant and has not sublet the same nor he has ceased to occupy it. As he has become old, his business is being looked after by his sons Naseem Akhtar and Kaleem Akhtar, who are carrying on their business under the name and style of "M/s. Footcraft International" and "M/s. Commercial Traders" in the premises in question. The petitioner tenant affidavit in support of his defence. Whereas the landlord in his affidavit alleged that the accommodation in question has been sublet by the petitioner to one Mohd. Rasheed. He also filed affidavit of one Firoz stating that the disputed accommodation has been sublet by the petitioner to one Kamran.;