( 1 ) BY means of this writ petition under Article 226 of the Constitution of India, the petitioner Smt. Lilawanti has challenged the order dated 26-2-2001. Annexure 1 to the petition, whereby a deemed vacancy has been declared by the Rent Control and Eviction Officer/vith Additional City Magistrate, Kanpur Nagar in respect of house No. III-A/214 Ashok Nagar, P. S. Nazirabad, Kanpur Nagar.

( 2 ) COUNTER and rejoinder affidavite have been exchanged. Heard Sri W. H. Khan, learned counsel for the petitioner and Sri Ravi Kant, learned Senior Advocate appearing on behalf of the respondent No. 2.

( 3 ) IT is an indubitable fact that late Radha Kishan Chhabara was the original tenant in the premises aforesaid. He died on 16-10-1990 leaving behine him the present petitioner (Widow) and three sons, namely, Ashok Kumar Chhabara, Prem Chhabara and Rakesh Chandra Chhabara. Whereabouts of Rakesh Chandra Chhabara are not known as he is missing for a considerable long time. The respondent No. 3- Dharmendra Kumar moved an application for allotment of the tenanted premises on the ground that a deemed vacancy has come into being in view of the provisions of Sub-sec. (3) of S. 12 of the