Rakesh Tiwari - (1.) -Heard learned counsel for the parties and perused the record.
(2.) THIS writ petition has been filed challenging the order dated 24.2.2003, passed by the Rent Control and Eviction Officer/ Additional City Magistrate VII, Kanpur Nagar, in Misc. Case No. 54 of 2001 declaring vacancy in House No. 119/562-A (Old No. 119/276-A), Ram Nagar, Darshanpurwa, Kanpur Nagar. Brief facts of the case are that respondents gave notice of vacancy under Section 15 (1) and filed release application under Section 16 (1) (b) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972) (hereinafter called as the Act) on 12.6.2001. The Rent Control and Eviction Officer deputed the Rent Control Inspector to make spot inspection and submit his report. The Rent Control Inspector submitted his report dated 18.7.2001 after making spot inspection and after giving notice on the basis of which notices were sent to the parties. On receiving notice the petitioner filed objection dated 20.8.2001 and sought time to file further objections.
(3.) ON behalf of the respondents, Anil Kumar Agrawal, husband of respondent No. 1, filed his affidavit stating that the house in dispute was vacant under Section 12 (3) of the Act as the petitioner had purchased a house in front of the house in dispute. The case of the petitioner was that the house purchased by her was in a dilapidated condition and was inhabitable to support which averment she prayed for appointment of a Commissioner to make spot inspection of the house purchased by her and there was no question of deemed vacancy under Section 12 (3) of the Act.;