Hon'ble Arun Tandon,J.

This petition by the tenant is directed against an order of the Addl. District Magistrate (Civil Supplies)/Rent Control and Eviction Officer, Agra dated 24.5.2002. By means of the said order the Rent Control and Eviction Officer has declared vacancy in respect of the premises described as Bhawan No.2, First Floor, Manik Mension, Shahjadi Mandi, Raj Road, Agra. The order is being challenged on the ground that the only finding recorded in the impugned order for declaring vacancy is that the premises was vacant as the petitioner has not been using the same since the year 1995 and that a lock has been put on the premises.

2. Counsel for the petitioner submits that such a finding does not suffice the requirements of section 12 of the U.P.Act no. 13 of 1972 in as much as under the said section what is required is to establish is that the tenant has removed his substantial effects from the premises in question. Mere non-use of the premises or it being locked will not lead to the conclusion that the effects have been removed substantially from the same. Counsel for the respondent however points out that there is a report on record that the shop was lying vacant and was

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