O.P.GARG - (1.) By means of this writ petition under Article 226 of the Constitution of India, the petitioner Smt. Lilawanti has challenged the order dated 26-2-2001. Annexure 1 to the petition, whereby a deemed vacancy has been declared by the Rent Control and Eviction Officer/VIth Additional City Magistrate, Kanpur Nagar in respect of house No. III-A/214 Ashok Nagar, P.S. Nazirabad, Kanpur Nagar.
(2.) Counter and rejoinder affidavite have been exchanged. Heard Sri W.H. Khan, learned counsel for the petitioner and Sri Ravi Kant, learned Senior Advocate appearing on behalf of the respondent No.2.
(3.) It is an indubitable fact that late Radha Kishan Chhabara was the original tenant in the premises aforesaid. He died on 16-10-1990 leaving behine him the present petitioner (Widow) and three sons, namely, Ashok Kumar Chhabara, Prem Chhabara and Rakesh Chandra Chhabara. Whereabouts of Rakesh Chandra Chhabara are not known as he is missing for a considerable long time. The respondent No. 3- Dharmendra Kumar moved an application for allotment of the tenanted premises on the ground that a deemed vacancy has come into being in view of the provisions of Sub-sec. (3) of S. 12 of the U.P. Urban Buildings (Regulation of Letting, Rent, and Eviction) act, 1972 (Act No. XIII of 1972) (hereinafter referred to as 'the Act') as Ashok Chhabara son of the original tenant has acquired separate residential accommodation within the Municipal limits of Kanpur Nagar. After obtaining the report of Rsnt Control Inspector and completing necessary formalities, the Rent Control and Eviction Officer, by the impugned order dated 26-2-2001 declared the tenanted accommodation as vacant. A finding of fact was recorded by the Rent Control and Eviction Officer that Ashok Chhabara had acquired house No. D-41 Govind Nagar in the year 1984; another house No. 118/316 Kaushalpuri in the year 1985 and the third7 house No. 120/192-A, Lajpat Nagar in the year 1989, i.e. during the lifetime of his father late Radha Kishan Chhabara and consequently, a deemed vacancy under the provisions of S. 12(3) of the Act has occurred.;