NEERAJ GOEL Vs. RANI RAM AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This petition is directed against concurrent orders dated 24.9.1992 and 6.11.2000 by which both the courts below have declared vacancy of the disputed accommodation and released it in favour of the respondent landlord.

(3.) The respondent landlord filed an application under Sec. 12/6 of U.P. Act No. 13 of 1972 for declaring the disputed shop as vacant and for release inter alia with the allegation that Ninumal was the original tenant of the disputed accommodation and on his death, his two sons Satya Narain and Ashok Kumar became joint tenants. Ashok Kumar acquired a shop and a residential accommodation and thus in view of Sec. 12 of the Act the shop was deemed vacant and since the landlord acquired for its personal use, the same may be released. After obtaining a report from the Inspector and after hearing the parties the Rent Controller found that it was a case of deemed vacancy and considering the need of the landlord it allowed the release application also. The said order has been affirmed in revision.