M.P. Singh, J. - (1.) THE present writ petition has been filed against the order dated 25 -9 -1991 by means of which the vacancy has been declared. The dispute relates to premises No. 11/292, Swaroop Nagar, Kanpur Nagar.
(2.) THE accommodation was allotted to A.C. Soni, husband of the petitioner, in the year 1971. He died in the year 1983. Thereafter the petitioner inherited the tenancy and remained in possession over the said accommodation. Admittedly now one Baji Rao Gayakwad is occupying the house who is an employee of the Ordinance Factory, Kanpur and earning about Rs. 1800/ -per month. He is not a member of the family of A.C. Soni. On 28 -9 -1988/ - the Rent Control Inspector made spot inspection and found the accommodation in possession of Baji Rao Gayakwad. Petitioner was not found to be in possession. Thereafter a fresh report was submitted by another Inspector who also submitted a similar report. Notices were issued to the petitioner as well as the landlord. They filed their respective objections. After considering them the Rent Control and Eviction Officer passed an order on 25 -9 -1991 holding that Baji Rao Gayakwad was occupying the premises as sub -tenant and accordingly there was a deemed vacancy.
(3.) SECTION 12 of the Act contemplates about the deemed vacancy as follows: - - 12. Deemed vacancy of building in certain cases. - -(1) A landlord or tenant of a building shall be deemed to have ceased to occupy the building or a part thereof if - - (a) he has substantially removed his effects therefrom, or (b) he has allowed it to be occupied by any person who is not a member of his family, or (c) in the case of a residential building, he as well as members of his family have taken up residence, not being temporary residence, elsewhere. (2)....;