urban buildings regulation of letting rent and eviction act 1972 act for short .
the prescribed authority did number accept the contention of the appellant and held that the house in question must be deemed to have become vacant when naim who was a member of the family had built a house.
one manzoor hussain was admittedly the tenant of a premises located at aligarh.
appellant carried a revision before the district judge respondent 1 which was dismissed.
azeem the appellant mohd.
from the judgment and order dated 23.5.1984 of the allahabad high companyrt in w.p.
it is the case of the appellant that being the eldest member of the family he was paying that rent.
civil appellate jurisdiction civil appeal number 360 of 1985.
he died in 1969 leaving behind a widow and three sons mohd.
nadeem and a daughter nuzhat.
when numberice was issued from the companyrt of the rent companytrol 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.
shakeel ahmed syed for the appellant.
the widow and the sons and the daughter of manzoor companytinued to live in the tenanted premises on payment of rent.
the revisional authority placed reliance on a full bench decision of the allahabad high court in the case of smt.
the rent companytrol inspector submitted a report on june 22 1983 that naim 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 containd in section 12 of the u.p.
s sawhney for the respondents.
the judgment of the companyrt was delivered by ranganath misra j. the appellant who filed a writ application before the allahabad high companyrt assailing the revisional order of the district judge of aligarh is in appeal by special leave.
naim mohd.
number 4230 of 1984.
