S.D. Agarwala, J. - (1.) HEARD the learned Counsel for the petitioner, learned Standing Counsel and the learned Counsel for Sri B.B. Paul. The property in dispute is 34 -A(72), Nawab Yusuf Road, Allahabad, consisting of three rooms and two out -houses of which the petitioner is the owner and landlady. In respect of this property, the Rent Control and Eviction Officer declared vacancy. After declaring the vacancy, a release order was also passed on 14 -3 -1989 under Section 16(1)(b) of the Act. This order declaring the vacancy and the release order, dated 14th March, 1989, were challenged by way of a revision in the Court of the District Judge, Allahabad.
(2.) THE petitioner in the revisional Court took an objection that the respondent No. 2 has got no locus standi to object to the release order. Thereafter, the present petition was filed for a writ of prohibition restraining the respondent No. 2 from proceeding with the revision filed in respect of the property. After the filing of the writ petition, an interim order was passed by this Court staying further proceedings in the revision. On 7th February, 1990, an application has been filed on behalf of respondent No. 2, supported by his own affidavit stating therein that since he has already vacated the house in dispute and since the said house has now come in occupation of the petitioner; hence the revision against the order declaring the vacancy as well as the release order passed in favour of the petitioner are liable to be dismissed.
(3.) IT is also clear from the record and it is not disputed on behalf of respondent No. 2 that the petitioner is a bona fide purchaser of the house No. 34 -A(72), Nawab Yusuf Road, Allahabad by sale -deed, dated 16 -1 -1985.;