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Judgment
Arun Tandon,J.
This petition by the tenant is directed against an order of the Addl. District Magistrate (Civil Supplies)/Rent Control and Eviction Officer, Agra dated 24.5.2002. By means of the said order the Rent Control and Eviction Officer has declared vacancy in respect of the premises described as Bhawan No.2, First Floor, Manik Mension, Shahjadi Mandi, Raj Road, Agra. The order is being challenged on the ground that the only finding recorded in the impugned order for declaring vacancy is that the premises was vacant as the petitioner has not been using the same since the year 1995 and that a lock has been put on the premises.
Counsel for the petitioner submits that such a finding does not suffice the requirements of section 12 of the U.P.Act no. 13 of 1972 in as much as under the said section what is required is to establish is that the tenant has removed his substantial effects from the premises in question. Mere nonuse of the premises or it being locked will not lead to the conclusion that the effects have been removed substantially from the same. Counsel for the respondent however points out that there is a report on record that the shop was lying vacant and was locked from outside. Therefore a presumption can be drawn that the tenant has removed his effects from the premises. In the opinion of the Court mere nonuse of the premises by putting a lock can lead to a conclusion that the tenant is not in the need of the same but it can''t lead to the conclusion that it is to be deemed vacanct as contemplated by section 12 of the Act.
For bringing the case within four corners of Section 12 of the Act it is necessary that the tenant must have removed his effects substantially. There is no finding in the order impugned to that effect. The same cannot be legally sustain.
All issues are left open to be reexamined after considering the evidence on record.
Accordingly order impugned dated 24.5.2002 passed by the Addl. District Magistrate (Civil Supplies)/Rent Control and Eviction Officer, Agra is set aside. The matter is remitted to the Addl. District Magistrate (Civil Supplies)/Rent Control and Eviction Officer, Agra for passing a fresh order in accordance with law after hearing the parties. Let the exercise be done within a period of six weeks from the date of production of a certified copy of this order.
Writ petition is allowed with the aforesaid observations.