Sunil Ambwani, J. - (1.) HEARD Sri Manish Goyal for Life Insurance Corporation of India, the petitioner. Sri R.B. Singhal appears for respondent No. 2/1 to 2/4 and respondent No. 3/1.
(2.) THE Life Insurance Corporation of India, Central Zone Office, Kanpur-2, the Mall, Kanpur has preferred this writ petition, against by the judgment and order dated March 19, 1991 passed by the Xllth Additional District Judge, KanpurNagar under Section 9 of the U.P. Public Premises Eviction of Unauthorised Occupants Act, 1971 (in short the Act of 1971), by which the appeal was allowed and while setting aside the order of the Prescribed Authority it was held that the respondents are not liable to be evicted from the shop. THE appellate authority, however, made the Corporation entitled to arrears of rent with effect from 1.7.1976. Sri Ram Gopal, the tenant and Sri Govind Jaiswal, the respondent No. 3, impleaded as sub tenant of the shop, died during the pendency of the writ petition, and were substituted by their heirs by orders dated 1.11.2007 and 15.2.2008 respectively. Brief facts giving rise to this writ petition are that the Life Insurance Corporation of India (in short the Corporation) owns building No. 127 on the Mall Road, Kanpur which includes shop No. 6, a corner shop with two doors, one of which opens on the Mall Road and the other in a lane and quarter No. 7 in the building. The shop No. 2 was let out to Ram Gopal on a monthly rent of Rs.100/-. On an inspection made by Sri L.D. Kandpal, the caretaker of the building appointed by the Corporation, it was found that Late Ram Gopal had divided the shop into two without the permission and consent of the Corporation, and has sub let the front portion towards the Mall Road to Sri Har Govind Jaiswal, the respondent No. 3. Sri Har Govind Jaiswal has started an independent business in the name and style of 'New Jaisons Wine Merchant selling English Wine in the sub-let portion of the shop. Sri Ram Gopal continued with his business of selling ice candies in the rear portion. On this report of Sri R.N. Shukla, the Assistant Administrative Officer in the Estate Department of the Corporation, inspected the premises on 23.6.1976 and found the report of Sri L.D. Kandpal to be correct. He submitted his own report on 23.6.1976. The Corporation gave separate notices dated 26.7.1976 to late Sri Ram Gopal and also to late Sri Govind Jaiswal. By the notice the Corporation terminated the tenancy of Late Sri Ram Gopal and directed him to vacate the accommodation as they had become unauthorised occupants of the public premises. The notices were served on July 31, 1976, and the application was filed under Section 4(7) of the Act of 1971, before the Prescribed Authority seeking the eviction of the unauthorised occupants.
(3.) THE notices sent by the Prescribed Authority were duly served on both the tenant and sub tenant. Late Ram Gopal, the tenant, filed objections to the notice stating that he is tenant in occupation of shop no. 6 and quarter No. 7 of premises No. 127, the Mall, Kanpur@ Rs. 100/- per month. He denied that he had sub let a portion of the shop to opposite party No. 2 for running the wine shop in the name and style of 'New Jaisons Wine Merchant'. THE notice was based on false and baseless allegations. THE notice was illegal and uncalled for. THE opposite party No. 2 was not the sub tenant and was not in possession of the shop. In para 7 the sub letting was denied. In the additional pleas it was stated in para 11 as follows: "11. That the opposite party No. 1 entered into a partnership for carrying on a business of Foreign liquor with the permission of the District Magistrate, Kanpur. However, the said business was closed down in the very beginning. THE opposite party No. 2 was not a sub-tenant of the opposite party No. 1." Sri L.D. Kandpal and Sri R.N. Shukla were examined by the Corporation in support of the allegations. They proved the sub tenancy. Sri L.D. Kandpal stated that he is serving in the Life Insurance Corporation of India and is working in the Estate Department from 1972. His main job in the Estate Department was to look-after the cleanliness of the office; the sever lane; taking electrical meter reading and periodical inspections of Life Insurance Corporation of India's properties at Kanpur and to check up if there are any unauthorised constructions etc. When he inspected the building No. 127, the Mall, Kanpur in June, 1976, he found that in the shop No. 6 there was a board denoting a wine shop. He enquired about it from Sri Ram Gopal, the tenant of shop No. 6, about the new wine shop, he was given to understand that the shop belonged to him and when he enquired about this from other people, he came to know that some Govind Jaiswal had opened the shop. He discussed the matter further with Sri Ram Gopal and was given to understand that Jaiswal was his partner. On 23.6.1976 he again visited the shop and gave a report to the office regarding the sign board. The report dated 22.6.1976 and 23.6.1976 Exts. 1 and 2 were proved by him to be in his own handwriting and signed by him. On a question put by the Enquiry Officer, Sri L.D. Kandpal stated that he requested Sri Ram Gopal to submit partnership deed but it was not shown to him. He does not know if it was submitted in the office and that he came to know, on enquiry, that Sri Ram Gopal had given that shop to Sri Govind Jaiswal after taking 'Pagrf of Rs. 30,000/-. He had no personal knowledge about it. Sri Kandpal admitted that he did not enquire about the rent given by Sri Ram Gopal.;