Sudhir Narain Agarwal, J. - (1.) THIS writ petition is directed against the order dated 28.8.1991 passed by the Rent Control and Eviction Officer, respondent No. 2, whereby he directed to issue Form D against the petitioner for vacating the disputed premises and the order of respondent No. 1 dated 26.9.1991 dismissing the revision of the petitioner against the said order. The dispute relates to an accommodation situate on the ground floor of House No. 74/225, Dharam Kuti, Kanpur Nagar. Respondents No. 3 to 5 are owners and landlords of the said house. The petitioner submitted an application for allotment of the accommodation in question. It was allotted to him by the Rent Control and Eviction Officer vide order dated 18.10.1986 and in pursuance whereof the petitioner obtained possession of the disputed accommodation on 24.10.1986. The landlords filed revision against the allotment order dated 18.10.1986 before the District Judge. Learned IVth Additional District Judge, Kanpur Nagar, vide order dated 25.1.1988, set aside the allotment order and remanded the matter back to the Rent Control and Eviction Officer to decide the allotment application afresh in accordance with law after providing opportunity to the landlords for making their submissions.
(2.) THE petitioner filed writ petition against this order which was summarily rejected by this Court vide order dated 9.2.1988. The landlords filed application for release of the disputed accommodation on 11th March, 1988 and also submitted an application under Section 18(3) of U.P. Urban Buildings (Letting, Rent and Eviction) Act, 1972 for possession against the petitioner. The release application filed by the landlords under Section 16 of the Act was dismissed by the Rent Control and Eviction Officer. The landlords filed revision against the said order which was dismissed by XIIth Additional District Judge, Kanpur Nagar vide order dated 15.1.1991. The landlords respondents filed writ petition against the said order in this Court in which the following order on the stay application was passed on 1.2.1991: - - Issue notice. Until further order of this Court the operation of the orders dated 20.8.1990 and 15.1.1991 shall remain stayed.
(3.) THE application for possession filed by the landlords respondents was taken up for consideration by the Rent Control and Eviction Officer. He found that after the allotment order having been set aside he was not entitled to continue in possession and directed to issue Form D against the petitioner on 18.10.1986 for delivery of possession. The petitioner filed revision against the said order which was dismissed by respondent No. 1.;