- (1.) Heard learned Counsel for the parties and perused the record. It is apparent from paragraph 3 of Annexure-1 to the writ petition that two sons namely Vinod Kumar Dixit and Ashok Kumar Dixit were living with Gyan Chandra Awasthi on the date of notice dated 10.10.1990 for vacancy.
(2.) The contention of learned Counsel for the respondent is that both the sons who are said to have acquired an accommodation were dependent upon their father and as such provision of section 12(4) of the Act would not come into play.
(3.) Per contra learned Counsel for the petitioner has submitted that there are two conditions under section 12(3) i.e., acquisition of another residential building in vacant state or after getting it vacated by any one of co-tenant. The effect of such section is that the entire set up of co-tenants shall be deemed to have ceased to occupy building.;