U.C.SRIVASTAVA, J. - (1.) THIS writ petition is directed against the order passed by the Rent Control and Eviction Officer declaring the premises in dispute as vacant. The proceedings started on an application which was moved by opposite party No. 2 Girja Shanker Tewari, on 26th April, 1980 under Section 12 of U.P. Act No. XIII of 1972, hereinafter referred to as the Act, for allotment of the premises on the ground that the premises has fallen vacant. The Supply Inspector made the local inspection and found that the petitioner was residing on the first floor, while on the ground floor certain medicines were found and the water and electric connections were in the name of the petitioner. The matter went before the Rent Control and Eviction Officer before whom evidence was tendered by the parties. On behalf of the petitioner it was contended that the premises was not vacant and Girja Shanker Tewari, opposite party No. 2, who applied for allotment is none else, but the landlord's wife's own brother.
(2.) FROM the record it appears that the building was taken on rent by M/s. Dhacca Swastik Aushadhalaya, Station Road, Rae Bareli, opposite party No. 3 in the year 1946 or 1947. It is not in dispute that Dhacca Swastik Aushadhalaya, opposite party No. 3 is no longer in existence and the service was affected at its Varanasi address. From the record it appears that the petitioner was doing the profession of Vaidya. According to the petitioner Dhacca Swastik Aushadhalaya, Rae Bareli, was closed and its Agency is at Rae Bareli from 1972 and since then the petitioner has been carrying on business as Commission Agent of opposite party No. 3, Dhacca Swastik Aushadhalaya. On behalf of the opposite parties it was contended that the petitioner is doing his own work of Physician and dispensing medicines and he was issuing fake certificates. On behalf of the parties affidavits were filed, on behalf of the petitioner one of the affidavit was filed by Dilip Kumar, his Counsel, who stated that in the year 1972 intimation was given that the landlord is reported to have died in the year 1976 and thereafter the petitioner deposited the rent at the rate of Rs. 25/- per month in the Court. The landlord being dead his son filed an affidavit denying the contents of Dilip Kumar's affidavit. It was pleaded for that side that in fact premises fell vacant in 1980 and the business of Dhacca Swastik Aushadhalaya was closed in 1976.
(3.) THE petitioner collected some evidence from Varanasi and placed it on record and it is apparent from the said evidence that Dhacca Swastik Aushadhalaya closed the agency in 1976.;