Hon’ble Mrs. Poonam Srivastava, J.—In the instant writ petition, the order dated 29.5.2009 releasing the house in dispute passed by the Additional District Judge, Court No. 13, Kanpur Nagar in Rent Revision No. 38 of 2008, Kamla Devi v. Munni Devi and another, as well as order dated 5.2.2008 passed by the Rent Control and Eviction Officer/Additional City Magistrate/IIIrd Kanpur Nagar in case No. 32 of 2007, Anil Kumar v. Kamla Devi, are impugned. The disputed house No. 107/152-A, Jawahar Nagar, Kanpur which consists of two rooms, half courtyard and Chabutara and common latrine, bath room. This has been declared vacant by the Rent Control and Eviction Officer and thereafter the said house stands released in favour of the landlord. The rate of rent is Rs. 18.75 per month.

2. At the time when the writ petition was moved as a fresh case initially an interim order dated 13.7.2009 was passed that since the facts involved are not in dispute and, therefore, final disposal/final argument of the writ petition shall be advanced at the time of admission itself.

3. Sri R.P. Shastri and Sri Arun Kumar Shukla Advocates appearing on behalf of the petitioner as well as Sri A.N. Sinha and Sr