Sudhir Narain Agarwal, J. - (1.) THIS writ petition is directed against the order dated 5.2.1996 passed by the Rent Control and Eviction Officer declaring the accommodation in question as vacant. Briefly stated the facts are that the petitioner is a tenant of first floor of house No. 139, Mannu Ganj, Dehradun of which Sri Tara Chand, Respondent No. 2, is the owner, Respondent No. 2 filed an application for release of the accommodation in question on 29.3.1992 alleging that the tenant -petitioner has constructed his own House No. 692, Indira Nagar Colony, Dehradun and his son Sri Mahinderjit Singh has constructed his own house at 19/7, Amrit Kaur Road, Dehradun and therefore the accommodation should be deemed as vacant. The landlord required the disputed accommodation for residential purposes.
(2.) THIS application was opposed by the petitioner. It was submitted that his son has constructed his own house at 19/7, Amrit Kaur Road, Dehradun but it was alleged that he was living independently with his own family and he is not dependent upon him. As regards the House No. 692, Indira Nagar Colony, Dehradun, it was alleged that it is 6 Kms. away from the Dehradun city and not within the municipal limits of Dehradun and as such that house cannot be taken into consideration for deeming the accommodation in question as vacant under Section 12 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act). The Rent Control and Eviction Officer called for a report from the Rent Control Inspector wherein he stated that the house constructed by the petitioner is within three kms. from the municipal limits. The petitioner filed objection. The Rent Control and Eviction Officer got a Commissioner appointed who measured the distance and on consideration of the report of the Advocate Commissioner he found that the house constructed by the petitioner is within three kms. of the city of Dehradun. As the petitioner had constructed a house within the municipal limit, the accommodation was deemed as vacant under Section 12 of the Act. The accommodation was declared as vacant by the impugned order dated 5.2.1996.
(3.) I have heard Sri Rajesh Tandon, learned Counsel for the petitioner, and Sri Ranjit Saxena, learned Counsel for the Respondent.;