BALBHADRA PRASAD Vs. URMILA DEVI AGARWAL

JUDGEMENT

(1.) First writ petition by three persons is directed against order dated 15.7.2002 passed by R.C. and E.O./City Magistrate, Kanpur Nagar in Case No. 15 of 2002 under Section 16 (1) of U.P. Act No. 13 of 1972, Manoj Kumar Singh v. Amar Singh. The said order is only four line order which says that inspite of notice occupier has not deliberately appeared therefore, on the application of landlady, Urmila Devi agarwal, vacancy is declared ex parts. Let the vacancy be published and the file be placed on '2.8.2002'.

(2.) Even if no one appears vacancy cannot be declared without recording finding existence of facts, which give rise to vacancy. From the impugned order no one can gather as to under which clause of Section 12 vacancies has been declared.

(3.) Accordingly, after hearing learned Counsel for the petitioner as well as learned Counsel for landlady respondent No. 1, I allow the writ petition, set aside the order dated 15.7.2002 and direct R.C. and E.O, to decide the question of vacancy after hearing parties concerned within six weeks from the date of production of certified copy of this order. If petitioners seek any adjournment it must be granted on payment of heavy cost. Whatever evidence, petitioners want to file they must file within two weeks from today.