B.K. Singh, J. - (1.) I have heard the learned counsel of the petitioner. He has submitted that the accommodation, that is allegedly said to have been acquired by the petitioner, has yet not been developed by the Kanpur Development Authority and as such it is not possible to live in the accommodation acquired by the petitioner. It has also been urged that the impugned order is bad in law because it has not been passed in accordance with the provisions of Section 12 of the U.P. Act No. 13 of 1972. I have considered above submissions of the learned counsel of the petitioner. The learned counsel does not deny that the petitioner has acquired residential accommodation from Kanpur Development Authority in one of its colonies which lies within the same city and Municipality. In such a case the provisions of sub -section (3) of Section 12 of the Act No. 13 of 1972 come into play. The said sub -section is quoted below: - 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) ..............(not relevant) (b) ..............(not relevant) (c) ..............(not relevant) (2) ..............(not relevant)
(2.) IN the case of a residential building, if the tenant or any member of his family builds or otherwise acquires in a vacant state or gets vacated a residential building in the same city, municipality, notified area or town area in which the building under tenancy is situate, he shall be deemed to have ceased to occupy the building under his tenancy: Provided that if the tenant or any member of his family had built any such residential building before the date of commencement of this Act, then such tenant shall be deemed to have ceased to occupy the building under his tenancy upon the expiration of a period of one year from the said date. Explanation - -For the purposes of this sub -section: (a) a person shall be deemed to have otherwise acquired a building, if he is occupying a public building for residential purposes as tenant, allottee or licensee; (b) the expression "any member of family", in relation to a tenant, shall not include a person who has neither been normally residing with nor is wholly dependent on such tenant.
(3.) A perusal of the above section would show that the petitioner's case comes within the four corners of sub -section (3).;