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2010 Supreme(All) 4049

SHASHI KANT GUPTA
Jagdish Narain Singh – Appellant
Versus
Sant Sharan Mishra and others – Respondent


Advocates:
Prateek Sinha, Rama Goel Bansal

Shashi Kant Gupta, J.:-

This writ petition is directed against the order dated 13.1.2009 passed by the Additional District Judge, Court no. 5, Kanpur Nagar in Rent Revision No. 44/2008 and the orders dated 4.4. 2008 and 15.5. 2008 passed by the Rent Control & Eviction Officer(in short 'R.C.E.O.'), Kanpur Nagar under sections 12/16(1)(b) of U.P. Act No. 13 of 1972.

2. The brief facts of the case, as set out in the writ petition, are as follows:-

3. The petitioner is a tenant in a portion of House No. 106/375, Gandhi Nagar, Kanpur (hereinafter referred to as the 'disputed premises') since 1967. The opposite party no. 3 had purchased the premises in dispute in the year 2005. An allotment application was filed in respect of the said premises. The Rent Control & Eviction Officer, on the basis of the said application, directed the Rent Control Inspector to submit its report, who, after receiving objections from the concerned parties, submitted its report. R.C.E.O. by its order dated 04.04.2008 declared the vacancy under section 12 of U.P. Act No. 13 of 1972 (hereinafter referred to as the 'Act') of the disputed premises and allowed the release application of the landlord opposite party no.



















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