AHMAD BUX Vs. 1SY ADDL DISTT JUDGE MUZAFFARNAGAR

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India arising out of the proceedings under Section 12 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

(2.) THE premises in dispute is House No. 215, Sarwat Gate, Muzaffarnagar. Petitioner Ahmad Bux was a tenant in the said premises. M. A. Rahman, respondent No. 3 moved an application for the allotment of the accommodation in dispute on the ground that it should be deemed vacant under the provision of Section 12 of the Act.

(3.) IN regard to the first contention raised by learned Counsel for the petitioner Section 12 (3 of the Act clearly provides that :-