- (1.) SUDHIR Narain, J. The petitioner seeks writ of certiorari quashing the order dated 5-2-1996 passed by Rent Control and Eviction Officer, respondent No. 1, declaring the house in dispute as vacant under Section 12 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act' ).
(2.) THE petitioner is a tenant of the house No. 10/419, Khallasi Lines, Kanpur. Respondent No. 2, who is landlady of the house in question, filed S. C. C. Suit No. 609 of 1991 in the Court of Judge Small Causes, Kanpur. THE suit was decreed ex parte on 9-1-1992. THE petitioner filed an application to set aside the ex parte decree. THE ex parte decree has been set aside by order, dated 15- 2-1995. Respondent No. 2 has filed revision before the District Judge, Kanpur which is alleged to be pending. Respondent No. 2 further filed an application for release of the house in dispute under Section 21 (1) (a) of the Act in the year 1993 on the ground of bona fide need, which is still pending. Respondent No. 2 further filed an application for release of the building in question under Section 16 (1) (b) of the Act. One Bipin Kumar Pandey also filed an application for 'allotment on the allegation that the petitioner is living in House No. 48/152, Generalganj, Kanpur with her husband since June 1992 and the accommodation in question should be deemed as vacant. It was further averred that the petitioner has acquired House No. 2108 E. W. S. , Avas Vikas Colony, Scheme Kalyanpur, Kanpur and has obtained its possession. A notice was issued to the petitioner and she filed objection. It was stated that before marriage she belonged to a different caste and therefore, in-laws of the petitioner who were very orthodox, did not permit her to live with her husband in the same house. An affidavit dated 22-10-1994 was filed on behalf of respondent No. 2 wherein it was stated that the petitioner has been allotted House No. 2108 E. W. S. , Avas Vikas Colony, Scheme-1. Kalyanpur, Kanpur wherein she is residing. The Rent Control and Eviction Officer dropped the proceedings by order dated 23rd March, 1995 on the ground that respondent No. 2 has filed application under Section 21 (1) (a) of the Act which is pending and secondly the ex parte decree was passed against the petitioner and the same has been set aside and the matter is pending in the Civil Court. It was observed that after the matter is decided the application shall be considered and the proceeding is to be dropped.
(3.) RESPONDENT No. 2 file an application on 9th August, 1995 purporting to be under Rule 22 (f) of the rules framed under the Act for deciding the matter on merits in accordance with law. RESPONDENT No. 1, after considering the case on merits, held that the husband of the petitioner has got House No. 48/152, General ganj, Kanpur and the petitioner is living there since then. It was further found that the petitioner has been allotted House No. 2108 E. W. S. , Avas Evam Vikas Colony, Scheme-1, Kalyanpur, Kanpur and she has also obtained its possession. A report of the commissioner was submitted which indicated that in the said house there are two rooms, kitchen, latrine etc. and the petitioner can live there. As the petitioner has acquired the house in the same city the accommodation in question shall be deemed as vacant under sub-section (3) of Section 12 of the Act. The petitioner has challenged this order, dated 5-2-19,96 in the present writ petition. I have heard learned counsel for the parties.;