POORAN CHAND Vs. DISTRICT JUDGE BAREILLY

JUDGEMENT

(1.) K. C. Agrawal, J.

(2.) POORAN Chand, the petitioner was a tenant of house No. 192, Beharipur Khatriyan, Bareilly. The said house belonged to a registered charitable trust known as Brijmohan Lal Ayurvedic Aushdhalaya Trust. Smt. Sharma Devi, who was the mother of respondent No. 4, was one of the trustees of the said trust.

(3.) THE first question that arises for decision is to find whether the house in dispute was vacant in respect of which an application under Section 16 of the Act could be filed. THE relevant provisions are to be found in Sections 12 and 16 of the Act. Section 12 deals with cases of deemed vacancy. Clauses (a), (b) & (c) of sub-section (1) of Section 12 provide the circumstances in which a premises can be deemed to be vacant. THE other provisions about the deemed vacancy are to be found in sub-sections (2), (3), (3A) and (3B) of the aforesaid section. Under sub-section (4), any building or part which a landlord or tenant has ceased to occupy within the meaning of the aforesaid sub-sections shall be deemed to be vacant. Section 16 deals with the allotment and release of vacant building, and empowers the District Magistrate to pass orders in respect of such buildings.