- (1.) This writ petition has been filed against the order dated 22.7.2011 (Annexure No. 9 to the writ petition) passed by the respondent No. 1 in Rent Case No. 16 of 2010, Ram Kumar Tiwari v. Kamla Kanti, whereby the premises in dispute has been declared vacant under section 12 of the U.P. Act No. 13 of 1972 (in short "Act"). It is not disputed that Yadunandan Prasad Bajpayee was the original tenant of the disputed premises and he expired in the year 1990 leaving behind his daughter-in-law Kamla Kanti Bajpayee and his grand son Chandra Shekhar Bajpayee. The father of the petitioner had died during the life time of the original tenant Yadunandan Prasad Bajpayee. It is also not disputed that the petitioner as well as his mother Kamla Kanti Bajpayee are residing in the disputed premises and Kamla Kanti Bajpayee had acquired a House No. 17/9, Sajari at Kanpur in the year 2010 as a consequence thereof the disputed premises was declared vacant in view of the section 12(3) of the Act.
(2.) For ready reference, section 12(3) of the Act is quoted below: (3) In the case of a residential building, if the tenant or any member of his family builds or otherwise acquires in a vacant state or gets vacated a residential building in the same city, municipality, notified are or town area in which the building under tenancy is situate, he shall be deemed to have ceased to occupy the building under his tenancy: Provided that if the tenant or any member of his family had built any such residential building before the date of commencement of this Act, then such tenant shall be deemed to have ceased to occupy the building under his tenancy upon the expiration of a period of one year from the said date.
(3.) Heard the learned Counsel for the petitioner, learned Counsel for the respondent and perused the record.;