The tenant filed Civil Miscellaneous Writ Petition No.47201 of 2002 against the Order of the Rent Controller declaring the premises in question to be vacant and also the subsequent order dated 30th September, 2002 releasing the accommodation in favour of the landlord under Section 16 of the Act.
The High Court accepted the petition holding that numbervacancy can be declared if the tenant or his family member purchased the house before the Act became applicable.
Thus, the Act became applicable to the accommodation in question in the year 1983.
It is against the said Order that the present appeal has been preferred.
The companystruction is deemed to be companypleted, inter alia, on the date on which the first assessment of letting value is made by the local authority companycerned, which in the present case was 1st October, 1983.
The City Magistrate, Kanpur, in his capacity as Rent Controller, vide Order dated 5th September, 2002, declared the premises in question to be vacant under Section 12 3 of the Act on account of purchase of residential house by the wife of the tenant in the year 1987.
Reliance was placed on a Five Judge Full Bench of the High Court in Mangi Lal vs. Additional District Judge others.1.
Brief reference to facts giving rise to the question is necessary.
1st June, 1981 and was assessed for house tax for the first time on 1st October, 1983.
On 7th June, 1987, the tenant purchased another residential house bearing number 198 at Safipur II, Kanpur Nagar.
The accommodation in question was let out for residential purpose w.e.f.
ADARSH KUMAR GOEL J. Leave granted.
This appeal has been preferred against the Judgment and Order dated 7th May, 2007 of the High Court of Judicature at Allahabad, Civil Side in Civil Miscellaneous Writ Petition No.47201 of 2002.
