(1.) This writ petition is directed against the judgment and order dated 15.2.1995, passed by District Judge, Muzaffarnagar allowing respondent-landlord's Rent Control Appeal No.64 of 1993 by setting aside Prescribed Authority's judgment and order dated 19.10.1993 whereby Prescribed Authority rejected landlord's application under Section 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972"). The Appellate Court while allowing such application has directed petitioner-tenant to vacate disputed portion, under tenancy, in the building in dispute, within a period of two months.
(2.) It is not in dispute that pursuant to an interim order dated 5.4.1995 passed by this Court, petitioner is still continuing in possession of the accommodation in question.
(3.) Sri P.K.Jain, learned Senior Advocate appearing for respondent pointed out to this Court that during pendency of this writ petition, petitioner's wife Smt. Nirmal Bhatnagar has purchased a residential house situated at State Bank Colony, Muzaffarnagar. He submitted that in view of Section 12(3) of Act, 1972, there is a deemed vacancy in the accommodation in question and petitioner has no right to contest release application filed by landlord in view of Explanation (i) to Section 21(1)(a) and therefore this writ petition is liable to be dismissed in view of the above subsequent event.
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