Heard learned Counsel for the parties. Building in dispute which consists of two rooms on the ground floor of building No. 119/585 (new) Darshanpurva, Kanpur Nagar was declared vacant by Rent Control and Eviction Officer/a. C. M. (VI), Kanpur Nagar on 30. 5. 2005 through order passed in case No. 38 of 2004 Dinesh Kumar Dixit v. Ram Sumer. Respondent No. 2 Smt. Vijai Laxmi is landlady of the building in dispute. Thereafter it was allotted in favour of respondent No. 1-Dinesh Kumar Dixit on whose allotment appli cation proceedings had been initiated. Through this writ petition both these orders have been challenged. R. C. & E. O. found that previously Som Nath was the tenant of the accommodation in dispute and he illegally delivered posses sion to the petitioner who was not his family member. Petitioner asserted that Som Nath the pervious tenant was his brother-in-law (wifes brother ). Petitioner filed certain receipts but neither they contained his name nor ac knowledgment of receipt of rent by the landlord. In one receipt itself the name of Som Nath was mentioned. That receipt was dated 3. 5. 1977.

2. Even on the basis of the said receipts vacancy was established. Th