A.B.SRIVASTAVA, J. - (1.) IN this writ petition counter-affidavit and rejoinder affidavit have been exchanged, hence in accordance with rules of the court it is being finally disposed of on hearing the learned counsel for the parties.
(2.) BY means of this writ petition, the petitioner tenant has sought quashing of an order dated 2.9.1994 of the R.C. and E.O. Varanasi whereby he declared vacancy in respect of the premises in question No. C-21/80, Lahurabir, Varanasi. An application under Section 16(1)(b) of the Act 13 of the 1972 hereinafter referred as 'the Act' was moved by the respondents Nos. 2 to 4, the landlords, for release of the said accommodation in their favour on the ground that the petitioner-tenant has his own house No. S-20/57 Kennedy Road Cantt. Varanasi and the size of respondent's family has increased due to children growing in age, hence it was liable to be released in their favour.
(3.) ON the above application, the R.C. and E.O. got the inspection made by the rent control inspector who submitted his report. Objection against the said report was filed by petitioner. After hearing both sides and considering the report of the R.C.I., the R.C. and E.O. declared the premises in question vacant under Section 12(3) of the Act on the ground of the petitioner having built his own residential house in the same city.;