K.N. Singh, B.D. Agarwal, JJ. - (1.) THE Petitioner Kashi Prasad Mishra is the tenant in a portion of house No. 4, Lowther Road, Allahabad. Respondent Nos. 3 and 4 are co -owners and landlords of this premises. The accommodation was allotted in favour of the Petitioner by an allotment order dated 18th March, 1970. The landlords challenged this allotment order before the Rent Control and Eviction Officer and then before the State Government but this challenge failed. At the relevant time when the allotment order was passed the Petitioner was working as a lecturer in Government Inter College, Allahabad. In July, 1970 the Petitioner was transferred as an Asstt. Inspector of Sanskrit Pathshalas, Nainital Region, Nainital. Later in August, 1971 he was again transferred from Nainital to Bareilly in the same capacity and again in July, 1973 he was transferred to Gorakhgur. In December, 1974 he was transferred to Faijabad in the same capacity. It would thus be seen that the Petitioner was being transferred from place to place during all these years. The Petitioner accordingly decided that he would make his permanent resident at Allahabad and the Petitioner along with his family continued to live permanently in the accommodation in dispute.
(2.) IN the year 1972 one Sri Harish Chandra Srivastava filed an application for allotment of the accommodation in dispute. This application was filed on the basis that a vacancy in law had occurred on account of Petitioner's transfer to Bareilly. An allotment order was passed in favour of Sri Harish Chandra Srivastava. Coming to know of this the Petitioner filed an appeal before the District Judge, Allahabad. This appeal was allowed and it was held that there was no vacancy and accordingly the allotment order was set aside. This appellate order became final. Thereafter in January, 1974 an application under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (hereinafter referred to as the Act) was filed by the landlords. This release application was finally dismissed by the appellate authority on the 7th of April, 1977. A review application was filed against this order which was also dismissed.
(3.) LATER on one Sri Uttam Deo Dixit filed an application for allotment in respect of the accommodation in dispute on the basis that there was deemed vacancy under the provisions of Section 12(3 -A) of the Act. The Petitioner filed objections. Apart from other objections the Petitioner also objected on the ground that Section 12(3 -A) of the Act was not attracted to the circumstances of the present case and as such there was no deemed vacancy. It was inter alia, pressed by the Petitioner that he was not transferred from Allahabad, after coming into force of U.P. Act No. 28 of 1976 by which Sub -section (3 -A) was inserted in Section 12 of the Act. It may be mentioned herein that U.P. Act No. 28 of 1976 came into force from 5th of July, 1976.;