M.P. Singh, J. - (1.) THE petitioner is the owner and landlady of house No. 456 Sadar Bazar, Ranikhet, District Almora. Petitioner's case was:
(2.) THE whole house, including the shop on the ground floor, was let out to one Hari Bilas Rai by the petitioner's grand -father Rai Saheb Bhawani Das Shah at the rate of Rs. 273 per month. Rai Saheb Bhawani Das died in the year 1978. After the death of Hari Bilas Rai, his widow Smt. Asharfi Devi continued as a tenant. She died on 29.5.1986. Hari Bilas Rai was issueless. The respondent No. 2 Nand Kishore Garg was only assisting him in his business. He could at the most be a licensee and not a tenant.
(3.) SMT . Asharfi Devi died in 1985. The petitioner filed an application under Section 12 read with Section 16 of U.P. Act XIII of 1972 (hereinafter referred to as the Act) for declaration that the house and the shop were vacant and may be released in her favour.;