Sudhir Narain, J. - (1.) This writ petition Is directed against the order dated 19.12.1998 passed by the Rent Control and Eviction Officer, respondent No. 1. declaring the disputed accommodation as vacant.
(2.) Briefly stated the facts are that the petitioner is admittedly tenant of House No. 8/198 Arya Nagar. Kanpur Nagar. Respondent No. 2 purchased this property from its erstwhile owner by registered deed dated 23.8.1997. He filed an application for release on 27.3.1998 alleging that the petitioner has inducted his brother in the disputed accommodation under his tenancy after 1977 and, therefore, the accommodation in question should be deemed as vacant. The petitioner contested the application. It was denied that he had inducted his brother in the year 1977 but in fact they were living since the year 1969. The Rent Control and Eviction Officer took the view that the petitioner failed to prove that he was a karta of the family, therefore, he had no right to permit his brother to occupy any portion of the house with him. He declared the vacancy by the impugned order dated 19.12.1998.
(3.) I have heard Sri P. N. Khare, learned counsel for the petitioner and Sri S. C. Tripathi, learned counsel for contesting respondent.;