S.N. Aggarwal, J.

(1) This writ petition is directed against the order passed by the Rent Control and Eviction Officer dated 30.12.1992 whereby he rejected the claim of the petitioner that the disputed accommodation be treated as vacant.

(2) The petitioner is the landlord of the disputed premises. One Smt. Basanti Devi was tenant of the disputed premises. She died and after her death one Devendra Kumar Pandey, Respondent No. 2, claimed to be in its possession. The petitioner filed an application that the ac commodation be treated as vacant as Respondent No. 2 has no right and title over the disputed accommodation. Respondent No. 2 filed objection staling that Smt. Basanti Devi had executed a will in his favour and he was residing at the time of her death. This Court in Abhinandan Prasad Jain vs. District Judge, Saharanpur and other, has held that tenancy rights cannot be transferred by executing a Will. Learned counsel for the respondent con tended that the will having been executed by the tenant in his favour he shall be treated as tenant within the meaning of Section 3 (a) of U.P. Act No. XIII of 1972 which reads as under:-

"3(a) Tenant, in relation to a building means a