G.P.Mathur, J. - (1.) THIS writ petition has been filed challenging the order dated 6th February, 1991, passed by the Rent Control, and, Eviction Officer, Allahabad, declaring house No. 61 Lukerganj, Allahabad, which is under the occupation of the Petitioners, as vacant. Counter and rejoinder affidavits have been exchanged by the parties and with their consent the writ petition is being finally disposed of in accordance with Chapter XXII Rule 2 of the Rules of Court. By order dated 25th February, 1991, the petition was directed to be listed along with the record of writ petition No. 1228 of 1991 (Syed Mazhar Mustafa Jafri v. District Judge and Ors.) and the record of the aforesaid writ petition was also before me at the time of the hearing of this petition.
(2.) THE disputed accommodation bearing house No. 61 Lukerganj Allahabad, was allotted to Syed Riaz Ahmad Jafri, the then City Magistrate, Allahabad, in the year 1967. Syed Riaz Ahmad Jafri died on 1st July, 1987, leaving behind his widow Smt. K.S. Jafri, three sons namely Syed Mazhar Mustafa Jafri, Syed Riaz Mustafa Jafri and Syed Manzar Mustafa Jafri; Dr. S.N.L. Nigam was the owner-landlord of the house in dispute and after his death S.C. Nigam, Respondent No. 3, has become the landlord of the same. Several persons including Smt. Saroj Nigam, wife of K.C. Nigam, Respondent No. 2, moved allotment applications for the disputed house before the Rent Control and Eviction Officer, Allahabad, on the ground that a member of the family of the tenant had acquired a residential building in the city of Allahabad in a vacant state and, therefore, there was a deemed vacancy of the house in dispute. The Rent Control arid Eviction Officer got the building inspected by the Rent Control Inspector who reported that Syed Manzar Mustafa Jafri, the second son of the tenant Syed Riaz Ahmad Jafri, had acquired a vacant residential building bearing house No. 280 L.I.G. Pritam Nagar, Allahabad, from the Allahabad Development Authority on 28th February, 1986. Subsequently the said house was exchanged with Smt. Kamta Dutta and Manzar Mustafa Jafri acquired in vacant state house No. 136 1 I.G. Pritam Nagar Housing Scheme, Allahabad, and got possession of the same. Thereafter the Rent Control and Eviction Officer issued notices to the concerned parties. The Petitioners, who are the sitting tenants, filed objections challenging the report of the Rent Control Inspector. The landlord as well as the Petitioners filed affidavits and documentary evidence in support of their case. After considering the evidence on record the Rent Control and Eviction Officer has held that in the life time of the original tenant Syed Riaz Ahmad Tafri, one of his sons namely Manzar Mustafa Jafri had acquired a residential building namely 136 L.I.G. Pritam Nagar,. Allahabad, in a vacant state on 28th February, 1986 and had got possession of the same. He has further held that at the time when Syed Manzar Mustafa Jafri acquired the aforesaid house, he was residing with his father ' and original tenant Syed Riaz Ahmad Jafri as a member of his family in' the disputed house, namely house No. 61 Lukerganj, Allahabad. On these findings the Rent Control and Eviction Officer held that the disputed house would be deemed to be vacant under Section 12(3) of the U.P. Urban Buildings' (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act). The Petitioners have challenged this order, declaring vacancy, by means of the present writ petition.
(3.) LEARNED Counsel for the Petitioners has contended that on the findings recorded by the Rent Control and Eviction Officer he has erred in declaring the disputed building as vacant as there is no finding that Manzar Mustafa Jafri was also wholly dependant on the original tenant. It may be noted that the question for consideration before this Court is as to what is the effect of acquisition of a residential building by Manzar Mustafa Jafri on 28th February, 1986, and whether any deemed vacancy has taken place on the said date.;