RAVI S. DHAVAN, J.

1. THIS petition, relates to the issue whether a 'deemed vacancy' has occurred in a certain premises at Mussoorie. The refence is to Section 12 (3-A) of the U. P. Act XIII of 1972, which is as below: Sec. 12. Deemed vacancy of building in certain cases: (1) A landlord or tenant of a building shall be deemed to have ceased to occupy the building or a part thereof if ; (a) he has substantially removed his effects therefrom, or (b) he has allowed it to be occupied by any person who is not a member of his family, or (c) in the case of a residential building, he as well as members of his family have taken up residence, not being temporary residence, elsewhere. (2)............... (3-A) If the tenant of a residential building holding a transferable post under any Government or local authority or a public sector corporation or under any other employer has been transferred to some other city, municipality, notified area or town area, then such tenant shall be deemed to have ceased to occupy such building with effect from the thirtieth day of June following the date of such transfer or from the date of allotment to him of any residential accommodation (whether any