JUDGMENT

ADARSH KUMAR GOEL J.

1. Leave granted.

2. 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.

3. The question for consideration is whether Section 12(3) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short “the Act”) providing for ‘deemed vacancy’ is applicable to a situation where the tenant or a member of his family builds, acquires or otherwise gets a vacant building in the area concerned after commencement of the tenancy but prior to application of the Act to the tenancy in question.

4. Brief reference to facts giving rise to the question is necessary. The accommodation in question was let out for residential purpose w.e.f. 1st June, 1981 and was assessed for house tax for the first time on 1st October, 1983. Under Section 2(2) of the Act, the Act which otherwise came into force on 15th July, 1972, was not applicable to the building during ten years from the date on which its construction was completed. The construction is deemed to be completed, inter alia, on the date on which the