Sunita Agarwal, J. - (1.) Heard learned counsel for the parties.
(2.) This writ petition is directed against the release under section 16(1) of the U.P. Act No.13 of 1972. On an allotment application filed by one Bal Krishna Dixit, a report of Rent Control Inspector was obtained and the Inspection report was served upon the parties. At the time of inspection, one Pyare Lal Agarwal, one of the joint-tenants of the premises in question was present. The Rent Control & Eviction Officer after consideration of the report of Rent Control Inspector found that Pyare Lal Agarwal, the co-tenant had shifted to house No.12/472-A, Gwaltoli, Kanpur and is residing permanently therein.
(3.) In the proceedings of declaration of vacancy before the Rent Control & Evication Officer, certain papers were filed to establish the fact that Pyare Lal had appeared before the Rent Control & Eviction Officer on 27.7.2010 through his Advocate. He had obtained the copy of the allotment application dated 25.5.2010 but he did not contest the matter any further. On 4.9.2010, Bishan Chand Agarwal and other co-tenants of the premises in question had filed application under Order 1, Rule 10 read with Section 151 CPC for impleading them. They had also filed their objections along with the impleadment application. The Rent Control & Eviction Officer though refused to implead them but they were heard on the issue of vacancy and due opportunity was given to produce evidence.;