Shishir Kumar, J. - (1.) This writ petition has been filed for quashing the orders dated 1.5.2008, 9.6.2009 and order dated 5.11.2009 passed by respondent Nos. 2 and 1 respectively (Annexures 4,6 and 8 to writ petition).
(2.) The dispute is relating to Premises No. 10, Chowk, Allahabad which was let out to Sri Abdul Wasey S/o Late Mohammad Sadiq by the father of respondent No. 3. Sri Abdul Wasey died in November, 1996. On his death tenancy of shop jointly devolved upon his widow Smt. Anisa Khatoon and petitioner being son of real brother of late Sri Abdul Wasey. After the death of Abdul Wasey and the widow of late Sri Abdul Wasey, petitioner inherited the tenancy rights of the shop in dispute. In February 2005, after the death of Smt. Anisa Khatoon, petitioner became the sole tenant of the shop in dispute. This fact was informed to respondent No. 3 that he is the sole tenant now and offered him rent but it was refused by respondent No. 3.
(3.) A notice dated 5.5.2005 was given to respondent No. 3 and rent was also remitted. An application under Section 16(1)(b)of the Act No. 13 of 1972 was filed by respondent No. 3 alleging that since Smt. Anisha Khatoon died and she has wrongly inducted Saiful Islam, her nephew in question and he is not member of the family of original tenant, therefore, he is occupying the said shop unauthorisedly and there is a deemed vacancy and the same may be released in his favour. After calling report from Rent, Control and Eviction Officer, it was stated that Saiful Islam S/o Farkhrul Islam was found at the shop in dispute who alleged to be stated that late Abdul Wasey was his uncle.;