S.D.Aggarwala, J. - (1.) These are two petitions under Article 226 of the Constitution of India arising out of proceedings under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U.P. Act No. XIII of 1972, hereinafter referred to as the Act. The property in dispute is bungalow No. 40, Cariappa Road, Cantonment, Kanpur. The original landlord and owner of the said premises was Gaja Nand Sootwala, who had filed writ petition No. 1978 of 1977. He died during the pendency of this writ petition and his heirs, namely, Snit. Maddi Devi and Hemant Kumar, have been substituted in his place. Kamal Ahmad is the person in whose favour the premises in dispute have been allotted.
(2.) The property in dispute was purchased by Gajanand Sootwala in the year 1942. He moved an application before the Cantonment Station Commander, Cantonment, Kanpur for getting the premises released for his own use and occupation. The application was allowed and the property was released in favour of the owner on 10th September, 1966. Since then the owner used the bungalow for the occupation by himself and the members of his family. On 21st March, 1974 a report was submitted by the Rent Control Inspector that at the time of inspection of the premises in question the premises were found locked and, therefore, a notice was issued to the owner as to why the premises be not deemed vacant. The owner filed objections on 10th May, 1974 stating categorically that the premises in question were being used by him and the members of his family. Thereafter on 26th May, 1975 an additional report was submitted by the Rent Control Inspector. On 19th January, 1976 Kamal Ahmad made an application for allotment of the premises in question. The Rent Control and Eviction Officer by an order dated 30th March, 1976 declared the property as deemed to be vacant under section 12(1)(a) of the Act and directed that proceedings for allotment may take place. Consequent upon the order dated 30th March, 1976 the premises in question were allotted to Group Commander, N.C.C., Kanpur, vide order dated 28/29th April, 1976.
(3.) Consequent upon the property being declared vacant and having been allotted to Group Commander, N.C.C., three appeals were filed before the District Judge, Kanpur Rent Control appeal No. 246 of 1976 was filed by Kamal Ahmad on the ground that his application for allotment was not granted. Gajanand Sootwala filed an appeal Rent Control Appeal No. 197 of 1976 both against the order declaring the property to be vacant as well as challenging the allotment order and Rent Control Appeal No. 21 of 1977 was filed by Lt. Col. A.K. Siddiqui, who was also an applicant for allotment of the premises in question and was aggrieved by the fact that the property was not allotted to him. These appeals were converted into revisions in view of the amendment of section 18 of the Act. All the three appeals converted into revisions were heard by the Additional District Judge, Court No. 1, Kanpur. During the pendency of the appeal the Group Commander N.C.C., had intimated to the court that he did not require the premises in question. In spite of the said statement the revisional authority went into the merits of the matter and held that the premises can be deemed to be vacant under section 12(l)(a) of the Act and further issued a direction that it will be open for the Rent Control and Eviction Officer to allot the premises deeming the premises vacant. The result was that Rent Control Appeal No. 197 of 1976 filed by Gajanand Sootwala was dismissed, Rent Control Appeal No. 27 of 1977 was also dismissed as no direction could begiven by the revisional authority for allotment in favour of the appellant Lt. Col. A.K. Siddiqui. Rent Control Appeal No. 246 of 1976 was also dismissed on the same ground as the revisional authority could not pass any allotment order in favour of the appellant. All the three appeals which were converted into revisions were decided by a common judgment on 14th July, 1977. The orders dated 30th March, 1976 and 14th July, 1977 have been impugned in writ petition No. 1978 of 1977.;