The Rent Control Inspector submitted a report on June 22, 1983, that Nairn, appellants brother, had built a house four or five years before in Amir Nisan, a part of the city of Aligarh and, therefore, the tenancy must be deemed to have terminated in view of the provisions companytained in Section 12 of the U.P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 Act for short .
The Prescribed Authority did number accept the companytention of the appellant and held that the house in question must be deemed to have become vacant when Nairn, who was a member of the family, had built a house.
The appellant, who filed a writ application before the Allahabad High Court assailing the revisional order of the District Judge of Aligarh, is in appeal by special leave.
He died in 1969 leaving behind a widow and three sonsMohd.
Appellant carried a revision before the District Judge, respondent 1, which was dismissed.
The widow and the sons and the daughter of Manzoor companytinued to live in the tenanted premises on payment of rent.
One Manzoor Hussain was admittedly the tenant of a premises located at Aligarh.
It is the case of the appellant that being the eldest member of the family he was paying that rent.
The revisional authority placed reliance on a Full Bench decision of the Allahabad High Court in the case of Smt.
Nairn, Mohd.
Nadeem and a daughterNuzhat.
Azeem the appellant , Mohd.
When numberice was issued from the Court of the Rent Control and Eviction Officer, Aligarh, respondent 2 herein, the appellant entered companytest by filing an affidavit to the affect that he has been living with 13 members of his family in the premises and rent was being companylected from him following the death of his father Manzoor Hussain.
