- (1.) R. H. Zaidi, J. Heard learned counsel for the petitioner.
(2.) BY means of present petition, petitioner prays for a writ, order or direc tion in the nature of certiorari quashing the order dated 31-7-1996 passed by the Rent Control & Eviction Officer declaring the building in question as vacant in exercise of power under Section 12 of the Act. Learned counsel for the petitioner submits that the House which was allotted to him i. e. House No. G- 1547, Kaushal Puri, Kanpur Nagar, was not sufficient to satisfy the needs of the petitioner. It consists of only one room, Varandah, Sahan, Latrine & Bathroom and looking to the strength of the members of the family the said accommoda tion is insufficient. Respondent No. 1 has acted illegally in declaring the building in question as vacant. The Ofder passed by respondent No. 1 is, therefore, liable to be quashed. I have persued the record. The Rent Control and Eviction Officer relying upon the provisions of sub- section (3) of Section 12 of the U. P. Act No. XIII of 1972 declared the building in question as vacant. Sub-section (3) of Section 12 provides asunder: "12. Deemed vacancy of building in certain cases- (1 ). . . . . . . . . (2 ). . . . . . . . . (3) 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 va cated a residential building in the same city, municipality, notified area or town area in which the building under tenancy is situated, 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. "
(3.) ADMITTEDLY the petitioner has ac quired residential building in the same city i. e. Kanpur Nagar in which the building in question is situated. The petitioner, there fore, by operation of law ceased to occupy the building in question and the same shall be legally deemed to be vacant. Size of the building acquired or built by a tenant or any member of his family for residential pur pose in the same city is not relevant for application of aforesaid Section. The Rent Control & Eviction Officer did not commit any error of law and jurisdiction in declaring the building in question as vacant. No case for interference under Ar ticle 226 of the Constitution of India is made out. The writ petition is liable to be dis missed.;