- (1.) YATINDRA Singh, J. This is a writ petition against the order dated 26-3-99 (Annexure 7 to the writ petition) declaring vacancy of the premises in dispute.
(2.) THE petitioner is tenant of the premises in dispute. It was let out to him for running a hotel business. Contesting respondents are the landlords. THEy filed an application before respondent No. 1 that the petitioner is not carrying out any business therein and he has permanently let out the property in dispute-to Bhuwan Chand Bisht, Vijay Kumar Agrawal, Bhimsen and Smt. Mamta Chaudhari and as such the premises has become vacant. THE respondent No. 1 after giving opportunity to the parties concerned has held that the premises have been sub-let by the petitioner and as such it has become vacant. Aggrieved by this order the petitioner filed the present writ petition. The prescribed authority has held that in the premises the hotel business is not being carried out. This finding has been given on the basis of the fact that no evidence/certificate has been produced by the petitioner from the Health Depart ment, Fire Department, or of U. P. Sales Tax Department or Central Sales Tax Department. Petitioner has also not produced any employee of the hotel to prove that hotel business is being done. There is no illegality in the finding that business of hotel is not being done. The respondent No. 1 has also held that in premises in dispute Sri Vijay Kumar Agrawal, Sri Bhimsen and Smt. Mamta Chaudhari are permanently residing therein. Their names are recorded in voter list. They have gas connections and their children are also studying in the school and residing in the same place. These persons have also admitted that they are per manently residing and they considered the petitioner as owner and landlord. From this evidence the respondent No. 1 has come to the conclusion that the premises in dispute has been let out. These are the findings of fact. There is no illegality or perversity in the same.
(3.) WRIT petition has no merit. It is dismissed. However, petitioner ma} oe evicted for a period of three months from today. Petition dismissed. .;