Hon’ble S.U. Khan, J.—This writ petition has been filed by the sitting tenant and is directed against order dated 6.10.2003 passed by Rent Control and Eviction Officer / A.C.M. (I) Kanpur Nagar in case No. 24 of 2002, Pramod Kumar Tripathi v. Maya Tripathi. Through the said order shop in dispute situate in house No. 127/411- B, Juhi, Baradevi Kanpur, has been declared to be vacant. Initially one Raman Singh was owner of the premises in dispute who sold the same through registered sale deed dated 3.9.2001 to Shrimati Maya Tripathi, respondent No. 1. Proceedings before Rent Control and Eviction Officer were initiated on the allotment application of respondent No. 2 Pramod Kumar Tripathi. In the allotment application it was stated that petitioner had been let out the shop in dispute in the year 1989 by the previous owner landlord without any allotment order, hence it was vacant. Allotment application was filed in the year 2002 i.e. after about 13 years from the date of letting out. Landlady respondent No. 1 supported the case of applicant for allotment.

2. Through the impugned order Rent Control and Eviction Officer held that the shop was quite old and in the year 1988-89 also