VIKRAM NATH, J. - (1.) THIS writ petition has been filed by the tenant for quashing the judgment dated 2 -9 -1987, passed by the Rent Control and Eviction Officer, Bulandshahr, in Case No. 35 of 1985, Babu Ram v. Nand Kishore and others, whereby he has declared vacancy in the premises in dispute.
(2.) THE dispute relates to shop No. 316, situate in Mohalla Intarorhi, Bulandshahr of which Babu Ram, respondent No. 2, was the owner and landlord and Shravan Kumar son of the petitioner was a tenant. During the pendency of the writ petition, the landlord Babu Ram transferred the premises in dispute in favour of Sunil Kumar son of Ram Bharosey Lal and he has been impleaded as respondent No. 4 in the writ petition. The tenant Shravan Kumar had died on 24 -2 -1985. The landlord Babu Ram filed an application under Section 12(1)(b) read with Section 16(1)(b) of the U.P. Act No. XIII of 1972 for declaring vacancy and releasing the shop in dispute in his favour on the ground that the tenant Shravan Kumar has died leaving behind no heirs as such the shop in dispute is available and further that the landlord bona fide required it for augmenting his income to feed his large family. The Rent Control and Eviction Officer initially vide order dated 30 -9 -1985 declared vacancy, without calling for report from the Inspector and without issuing any notices. Thereafter, when the application of the landlord for release was being considered, notices were issued to the petitioner, who appeared and filed objections and contested the release application and also filed application for recalling the order of vacancy. It was subsequently alleged by the petitioner that the application filed by the landlord was based upon incorrect facts and after the death of Shravan Kumar the petitioner being heir became the tenant after his death. The Rent Control and Eviction Officer invited objections and thereafter the application filed by the petitioner for recalling the order of the vacancy was allowed vide order dated 27 -5 -1986.
(3.) THE Rent Control and Eviction Officer again considered the question of vacancy on merits after affording opportunity to the parties. The landlord took objection to the stand taken by the petitioner. Firstly, that Smt. Kishan Pyare, the petitioner, is not the mother of the tenant Shravan Kumar and secondly, that she has been residing separately from Shravan Kumar who was living alone, therefore, she has no locus to be heard. Rent Control and Eviction Officer, after considering material on record, and after hearing the parties held that Smt. Kishan Pyare, was the real mother of the deceased tenant Shravan Kumar. He further held that she was not residing with Shravan Kumar as such there was deemed vacancy under Section 12(1)(b) of the Act and accordingly vide order dated 2 -9 -1987 declared vacancy. Aggrieved by the said order Smt. Kishan Pyare has filed the present writ petition.;