Jai Ram Singh v. Additional District Judge

Hon'ble Sudhir Agarwal, J.

1. Heard learned counsel for parties and perused the record.

2. Writ petition is directed against the orders dated 12.7.2007, 23.2.2008 and 22.11.2011 Admittedly, the building in question belong to respondents though constructed on a Nazul land. The said building was allotted to petitioner, Jai Ram Singh in 1974 under the provisions of U.P Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as “Act, 1972”). Subsequently, it appears that petitioner's sons Jogendra Singh and Shailendra Singh got another residential building at 726, Civil Lines, Lalitpur and it is in these facts and circumstances, Rent Control and Eviction Officer (hereinafter referred to as “RCEO”) has declared a deemed vacancy in the accommodation in question, i.e 25/3, Civil Lines Lalitpur and petitioner's revision thereagainst has been dismissed.

3. Section 12(3) of Act, 1972 reads as under:

“12. Deemed vacancy of building in certain cases.- (1) A landlord or tenant of a building shall be deemed to have ceased to occupy the building or a part thereof if -(a) he has substantially removed his effects therefrom, or

(b) he has allowed it to be occupied by any person who is not a member of his family, or

(c) in the case of a residential building, he as well as members family have taken up residence, not being temporary residence, not being temporary residence, elsewhere.

(2) In the case of residential building, where a tenant carrying on business in the building admits a person who is not a member of his family as a partner of a new partner, as the case may be, the tenant shall be deemed to have cased to occupy the building.

(3) In the case of a residential building, if the tenant or any member of his family builds or otherwise acquires in a vacant state or gets vacated a residential building in the same city, municipality, notified are or town area in which the building under tenancy is situate, he shall be deemed to have ceased to occupy the building under his tenancy:

Provided that if the tenant or any member of his family had built any such residential building before the date of commencement of this Act, then such tenants shall be deemed to have ceased to occupy the building under his tenancy upon the expiration of a period of one year from the said date. Explanation - For the purposes of this sub-section-(a) a person shall be deemed to have otherwise acquired a building, if he is occupying a public building for residential purposes as a tenant, allottee or licensee;

(b) the expression “any member of family”, in relation to a tenant, shall not include a person who has neither been normally residing with nor is wholly dependent on such tenant.”

4. In the present case, petitioner's family members, namely, sons, have acquired another residential accommodation. In these facts and circumstances, by operation of law, there has occurred a deemed vacancy and, in my view, RCEO has rightly declared such deemed vacancy.

5. The writ petition lacks merit. Dismissed.