- (1.) THE dispute relates to the property no. 25/16 (old), 25/19 (new), Karachi Khana, Canal Road, Kanpur Nagar, which is in occupation of the petitioner. Whether the said accommodation is "vacant" within the meaning of section 12 read with section 16 of U. P. Act No. 13 of 1972 and open for allotment and release is the question mooted herein.
(2.) THE petitioner claims that the said property is neither vacant, actual or deemed nor it is open for allotment as his grandfather Chandan Lal was the tenant who came in its occupation in the year 1949 on behalf of M/s. Bisheshwar Nath Mool Chand. M/s. Bisheshwar Nath Mool Chand was the tenant in chief of the said house and the said house originally belonged to Juggi Lal Kamlapat who had given it to M/s. Bisheshwar Nath Mool Chand.
(3.) THE respondent no. 3 Jai Kishore Tiwari, filed an application for allotment of the said accommodation on the pleas inter alia that the possession of the petitioner is unauthorised one being sub-tenant of M/s. Bisheshwar Nath Mool Chand without written consent of the landlord namely Juggi Lal Kamlapat to whom the property originally belonged.;