I.M.Quddusi, J. - (1.) This writ petition has been filed against the declaration of vacancy under Section 12 of U. P. Urban Building (Regulation of Letting. Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) vide order dated 24.7.1985 against which objection was filed by the petitioner--L.I.C. to the effect that it is a sitting tenant in the premises in question which was rejected by the Rent Control and Eviction Officer (in short R.C.E.O.), vide his order dated 15.6.1985 and ordered to hear release application of the landlord. In the meantime, present writ petition was filed before this Court in which an interim order staying the operation of the order dated 15.6.1985 was passed on 21.6.1985.
(2.) I have heard learned counsel for the petitioner Sri P. K. Khare, learned standing counsel for respondent No. 1 and Sri Shafiq Mirza for respondent No. 2 who is the landlord and has given power of attorney to one Sri Prahalad Slngh.
(3.) The L.I.C. was already a tenant of the premises in question from the year 1964 on a monthly rent of Rs. 110 per month through his attorney as the landlord resides at Bombay and he had appointed one Sri Prahalad Singh who is his relation. In the year 1980, an application for allotment was made in respect of the premises in question i.e.. Flat Nos. 4 and 5, Santosh Bhavan Kachari Road. Rae Barelt on which a reports was sought for from the Rent Control Inspector by the R.C.E.O. The Rent Control Inspector had given his report on 11.12.1980, copy of which has been filed as Annexure- 1A to the writ petition. According to which, the Branch Manager of L.I.C. had given information in writing that due to excess work load, some portion of the office has been transferred to other place but the office is existing at the old place and there is no likelihood to voilate the same in near future. Again another application was moved on 17.6.1985 and report from the Rent Control Inspector was sought. The Rent Control Inspector by means of his report dated 18.7.1985 stated that one Raj Naratn Mehrotra, Branch Manager of the L.I.C. was living adjoining to the premises in question and on a query having been made to him, he informed that old records of the L.I.C. are kept inside the premises in question and the premises is not vacant. However, the Rent Control Inspector had indicated that the office was shifted to the 1st floor of the State Bank of India Building and when he was going to contact the landlord-Santosh Kumar, he found that a small plate was affixed outside the premises in question containing Atithi Grih, Jeevan Beema Nigam'. Thereafter, a notice was published, a copy whereof was given to the petitioner and vacancy was declared vide order dated 24th July, 1986 and when the objections and written statements were filed, the same were rejected by the R.C.E.O. by his order dated 16.6.1988 holding that the vacancy was declared after affording opportunity of hearing to the parties.;