Siddhartha Varma - (1.) This writ petition has been filed against the orders passed under Section 12 (3) of the U.P. Urban Building (Regulation of Letting Rent and Eviction), Act, 1972, (hereinafter referred to as ' the 1972 Act'). Initially an application was filed by Atul Kumar Dubey, the respondent no. 3, that house no. 562 Rail Bazar, Kanpur Nagar, in which the petitioner alongwith his three borthers was a tenant had become vacant on account of the fact that Ram Swaroop Asthana, brother of the petitioner, had taken up residence in the same city which was numbered as house no. 150, Rampuram Teachers' Society, Shyam Nagar, Kanpur Nagar, and was residing there alongwith his family. Filing of the application was followed by a local inspection, the report of which was submitted in the Court on 20.5.2014. Upon the exchange of affidavits, the Rent Control and Eviction Officer, Kanpur Nagar, declared, the portion in which the petitioner alongwith his three brothers was a tenant in house no. 562/28 Rail Bazar Kanpur Nagar, vacant on 30.4.2015.
(2.) The petitioner filed a Review Petition which was dismissed on 25.4.2016 and on that very date the applicant Atul Kumar Dubey was allotted the premises in question at the rate of Rs. 100/- per month. The petitioner filed a Revision against the declaration of the vacancy and also against the allotment. This Revision was dismissed on 7.10.2017. Hence, the instant writ petition was filed.
(3.) Learned counsel for the petitioner submitted that the premises in question was occupied by his father Govind Swaroop Asthana as tenant and after he died in the year 1962, the tenancy of the premises in question was inherited by his mother Kamla Devi, and his brothers Bhagwan Swaroop Asthana, Ram Swaroop Asthana, Shiv Swaroop Asthana and he himself. However with the passage of time Bhagwan Swaroop Asthana shifted to Lakhimpur Khiri, Ram Swaroop Asthana shifted to his own house in Kanpur Nagar and Shiv Swaroop Asthana was staying at Obra i.e. the place of his job. The petitioner submitted that he had been staying continuously ever since his birth in the premises in question and submitted that because of the shifting of Ramswaroop Astahana in theyear 1988 to a different premises in the same city, it could not be said that the premises in question had fallen vacant.;