J.C.Mishra, J. - (1.) This petition has been filed for quashing the order dated 25.11.93 passed by the Rent Control and Eviction Officer/ Additional City Magistrate VII. Kanpur declaring vacancy at 117/34, Sarvodaya Nagar. Kanpur, on the ground floor.
(2.) It is not disputed that opposite party No. 2 Smt. Sumitra Jain was landlady of the accommodation No, 117/34, Sarvodaya Nagar. Kanpur and she had let it out to Kanpur Zlla Sahkarl Avas Sangh Limited with effect from 16.2.81 for a period of three years. The tenancy comprised ground floor of the premises including the garage and one room above the garage. The tenant stipulated that it shall not sub-let any portion occupied as tenant at any circumstance except that the accommodation shall be used for allied affiliated offices of the Co-operative Housing Societies of Kanpur district. The term of tenancy was to expire on 1.2.84.
(3.) It is not disputed that the Jan Sevak Sahkari Avas Samiti Limited, Kanpur, was one of the affiliates of Kanpur Zlla Sahkari Avas Sangh Limited and was permitted to occupy the garage, room on the ground floor for its office. It is also not disputed that Mazdoor Housing Cooperative Society Limited, Kanpur, was permitted to occupy the room above the garage and both these affiliates used to pay Rs. 125 each to Kanpur Zila Sahkari Avas Sangh Limited, who paid the entire agreed rent to the land lady.;