Hon’ble Mrs. Poonam Srivastav, J.—Heard Sri G.L. Tripathi, Advocate appearing for tenant/petitioner and Sri P.N. Khare, Advocate, appearing for landlord/respondents.

2. The order impugned in the instant writ petition is dated 17.9.1998 declaring vacancy by Rent Control and Eviction Officer/ Additional City Magistrate 1st, Kanpur Nagar, in respect of accommodation of premises No. 106/179 Gandhi Nagar, Kanpur Nagar (hereinafter referred to as the disputed accommodation). Vacancy declared was in respect of one room, one store, latrine, bathroom, kitchen and a small open area situated on the first floor.

3. Assertion made in the writ petition on behalf of the tenant is that Chandrika Prasad was the erstwhile owner/landlord of premise No. 106/179 which was let out on monthly rent @ of Rs. 225/- since before July, 1978. It is admitted by parties that rate of rent is Rs. 275/- per month. The instant proceedings commenced on an application for allotment moved by one Sita Ram Bhatnagar and S. Datar. Rent Control and Eviction Officer respondent No. 1 called for a report from Rent Control Inspector. Report dated 6.9.1995 was submitted by him, which is annexed as annexure No. 1 to the