- (1.) Heard Sri B.N. Rai, learned counsel for the petitioners and Sri A.N. Sinha, learned counsel for the respondent No. 3. The writ petition is directed against the two orders passed by Rent Control and Eviction Officer, Kanpur Nagar (hereinafter referred to as "RCEO") on 12.2.2002 and 3.4.2002 in the proceedings under Section 15(1) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") declaring vacancy in the disputed accommodation and under Section 16(1)(b) of Act, 1972, releasing the said accommodation in favour of landlord-respondent No. 3 and revisional order dated 9.4.2002 passed by Revisional Court dismissing revision in limine on the ground that revision is not maintainable.
(2.) It is contended that view taken by Revisional Court that revision is not maintainable is not correct, inasmuch as, an order passed under Section 16(1)(b) of Act, 1972 if results in ejectment of sitting tenant, he has right to challenge the same and, therefore, Revisional Court erred in law in dismissing the revision as not maintainable.
(3.) With the consent of the parties, this Court has proceeded to consider order of RCEO declaring vacancy in the accommodation in question, inasmuch as, correctness of the said order would result in necessary consequence upon the subsequent orders.;