MADAN MOHAN RAJENDRA KUMAR Vs. CITY OF " GISTRATE

JUDGEMENT

(1.) J. C. Gupta, J. Both these writ peti tion Nos. 43480/97 and 8067/98 are taken up together.

(2.) WRIT Petition No. 43480/97 has been filed by the sitting tenant Madan Mohan against the order dated 9-5-97 passed by the Rent Control and Eviction Officer-Respondent No. 1, while writ peti tion No. 8067/98 has been filed by the landlord against the order of the revisional court condoning the delay in filing the revision against the order of release made in favour of the landlord on the basis of the order declaring vacancy.

(3.) THE proceedings before the Rent Control and Eviction Officer initiated on an application moved by the landlord whereby it was claimed that there has arisen a deemed vacancy under the provisions of Section 12 (4) of the U. P. Act No. XIII of 1972 in as much as the petitioner Madan Mohan has left the accommodation in question and has sub-let the same. THE respondent No. 1 directed the Rent Control Inspector to make spot inspection and submit his report. Accord ingly the Inspector made inspection and submitted his report dated 16-12-96 wherein it was reported that the accom modation was lying locked and on enquiry it was informed to him that Madan Mohan has sub-let the accommodation to other persons as he has become very old. Notice is alleged to have been issued to the petitioner Madan Mohan and the same is said to have been served sufficiently upon him and when no objection was received, the Rent Control and Eviction Officer by the impugned order declared the accom modation vacant.