Sunita Agarwal, J. - (1.) Rejoinder Affidavit filed today be taken on record.
(2.) By means of the present writ petition, the petitioner is challenging the order dated 30.03.2011 passed on an application filed by him under Section 16(5) of U.P. Act No.13 of 1972 (hereinafter referred to as 'The Act'). Another order dated 23.04.1992 passed by the Rent Control & Eviction Officer declaring vacancy is also under challenge.
(3.) The brief facts relevant to decide the controversy in hand are that in the year 1991 an application intimating vacancy was filed by one Smt. Narendra Kaur, who had purchased the disputed property in the year 1997. On this application, the report of the Rent Control Inspector was called, who had submitted his report on 13.02.1991. On the basis of this report, the vacancy was declared by order dated 23.04.1992. A perusal of the order dated 23.04.1992 indicates that on the date of inspection, the premises in question was found locked. It is also mentioned in the order that the R.C.I in his report had stated that the tenant Sukhram Das was living with his wife in this premises and his heirs were living elsewhere.;