SATISH CHANDRA, C. J.

( 1 ) FINDING himself unable to agree with the decision in Deep Chandra Pant v. III Addl. District judge, Nainital (1978 All Rent Cas 199), a learned single Judge referred this question (without framing the question) and the case for decision by a larger Bench. That is how the matter has come before this Full Bench.

( 2 ) DEEP Chandras case interpreted Sub-section (3-A) of Section 12 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter called the rent Act ). Subsection (3-A) of Section 12 of the Rent Act provided for the occurrence of vacancy when a government servant is transferred. Sub-section (3-A) was added to the Act by the Amending Act no. 28 of 1976 with effect from July 5, 1976. Before the introduction of Sub-sec. (3-A) Section 12 of Rent Act provided for deemed vacancy of buildings in certain cases. A residential building was deemed to be vacant, i. e. , a landlord or tenant of a building shall be deemed to have ceased to occupy a building, if he as well as the members of his family have taken up residence, not being temporary residence, elsewhere, vide clause (c) of subsection (i ). Sub-section (3) of section

Click Here to Read the rest of this document