Judgment

P.K. Balasubramanyan, J.—Dr. C.P. Tandon, had a house in Lucknow. It was two storeyed. It had a plinth area of 3500 square feet. It was situate on a plot of land admeasuring 8892 square feet. Dr. C.P. Tandon died on 24.08.1977. The house devolved on his son K.K. Tandon. K.K. Tandon died in London on 10.06.1978 while having treatment for his illness. The building was inherited by his wife, Asha Tandon. Asha Tandon thus became the owner of the building.

2. On 28.08.1978, respondent No.1 before us, made an application for declaration of vacancy and allotment of the suit building to him as a tenant under Section 12, read with Section 16 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter called ‘the Act’). The Inspector, an officer under the Act submitted a report on 11.09.1978 to the effect that the first floor of the building may be considered to be vacant under Section 12 of the Act, though a person claiming to be a caretaker was found therein. It is seen that the Inspector, while making the report, did not comply with the requirements of Rule 8(2) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules,