- (1.) This petition, at the instance of the tenants, has been filed for quashing the order dated 13th February, 2011 passed by the Prescribed Authority by which vacancy of the premises has been declared under Section 12 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act').
(2.) An application under Section 16(1)(b) of the Act was filed by Anil Kumar Seth-respondent no.1 (landlord) for release of the building in his favour. It was inter alia alleged that he had purchased House No.CK-18/24, Thatheri Bazar, Varanasi from the erstwhile owner Ganesh Singh by the registered sale deed dated 26th May, 2009; that on the ground floor of the said house, Radhey Lal was the tenant of one shop and after his death on 3rd April, 2000, his daughter Geeta Devi became the tenant; that the possession of the entire house, except that shop of which Radhey Lal was a tenant, was given to the applicant at the time of execution of the sale deed dated 26th May, 2009; that there were two shops on the ground floor but the tenant removed the partition wall and unauthorisedly obtained possession of the second shop; that Geeta Devi sublet the shop to her father's brother's son Vishal Lal and his son Prabhu Narain (opposite party nos.2 and 3) and that opposite party nos.2 to 4 took possession of the entire house unauthorisedly. It was, therefore, prayed that vacancy should be declared as the opposite parties were not family members of the original tenant and the building should be released in favour of the landlord as it was required for residential and business purposes and the building also in a dilapidated condition and required demolition and new construction.
(3.) An inspection of the building was directed to be made and the Regional Food Officer (Rent) made inspection on 16th December, 2009 and gave his report which mentions that at the time of inspection Vishal Lal and his son Prabhu Narain were present in the shop. Vishal Lal, however, called Smt. Geeta Devi who informed that her father Radhey Lal who was the tenant from before 1970 died on 3rd April, 2000 and she became the tenant as she was the sole heir. She also informed that Vishal Lal, Prabhu Narain and Chain Babu were living with her permission and the monthly rent of the building was Rs.250/-but she did not have any receipt.;