R.H. Zaidi, J.

(1) Heard learned Counsel for the petitioner and perused the record.

(2) By means of this petition filed under Article 226 of the Constitution of India petitioner challenges the validity of the order dated 22.5.2000 whereby the Rent Control and Eviction Officer, Kanpur Nagar has rejected the objection filed by the petitioner against the order of vacancy and declared the building in question as vacant.

(3) The brief facts of the case giving rise to the present petition are that the house No. 86/28, Raipurwa, Kanpur Nagar was initially occupied by Shiv Ram Gupta as a tenant who has died on 16.10.1992. Thereafter the house was occupied by Jhabboo Lal father of the petitioner and on his death petitioner came in occupation of the same. On the receipt of the application for allotment proceedings for declaration of the vacancy were initiated. The house in question was got inspected through the Rent Control Inspector who submitted report to the effect that the petitioner was occupying the house in dispute illegally. On the basis of the said report notices were issued to the concerned parties. Petitioner filed his objection contending that he was in occupation of the