KAPOOR CHAND JAIN Vs. DISTRICT JUDGE MATHURA

JUDGEMENT

(1.) Finding himself unable to agree with the decision in Deep Chandra Pant v. III Addl. District Judge, Nainital (1978 All Rent Cas 199), a learned single Judge referred 'this question' (without framing the question) and the case for decision by a larger Bench. That is how the matter has come before this Full Bench.

(2.) Deep Chandra's case interpreted Sub-section (3-A) of Section 12 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter called the 'Rent Act'). Subsection (3-A) of Section 12 of the Rent Act provided for the occurrence of vacancy when a Government servant is transferred. Sub-section (3-A) was added to the Act by the Amending Act No. 28 of 1976 with effect from July 5, 1976. Before the introduction of Sub-sec. (3-A) Section 12 of Rent Act provided for deemed vacancy of buildings in certain cases. A residential building was deemed to be vacant, i. e., a landlord or tenant of a building shall be deemed to have ceased to occupy a building, if he as well as the members of his family have taken up residence, not being temporary residence, elsewhere, vide clause (c) of subsection (i). Sub-section (3) of Section 12 provided for another instance of vacancy of a residential building. Under it, 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 area 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. The effect of such deemed vacancy is that it is open for allotment to any other person as tenant or liable to be released in favour of the landlord.

(3.) Under clause (c) of Sub-section (1) vacancy is deemed to arise when the tenant as well as members of his family take up residence elsewhere. This clause did not apply where either the tenant Or members of his family continue to reside in the building under tenancy. It happened that government servants on being transferred from one place to another, continued to retain their family members in the building under tenancy though they shifted their own residence to the place where they have been transferred. Such a situation was not covered by clause (c) of Sub-section (1). To remedy this situation the legislature added Sub-section (3-A) to Section 12. It provided:-