V.K. Mehrotra, J. - (1.) Petitioner Bahori Singh made an application for allotment of a shop situate in Qasba Etmadpur belonging to Smt. Bhagwan Devi. The shop was earlier in the tenancy of one Bulla Khan. The landlady obtained a decree for his adjustment as he had fallen in arrears of rent. This, decree was passed on April 12, 1977. The landlady obtained possession over the shop the same day.
(2.) Vijai Prakash Gupta, who has sworn the counter affidavit in this petition on behalf of Smt. Bhagwan Devi, is her son and is a practicing lawyer. He needed a Chamber. When possession had been obtained of the shop in dispute, the door in the wall intervening between it and the adjoining shop which also belonged to Smt. Bhagwan Devi was got removed by her. A chamber was then set up in the entire accommodation thus made available. Vijai Prakash occupied it and is still in occupation thereof.
(3.) The order of allotment of June 16, 1978 mentioned that no evidence other than that of her son was adduced by Smt. Bhagwan Devi in support of her objection dated February 28, 1978 to the prayer for allotment made by Bahori Singh. According to the order, there was disparity between what was stated in the objection and the evidence of the son of Smt. Bhagwan Devi. The shop was reported to be vacant by the Supervisor Kanungo, who was asked to submit a report, after receipt of the application for allotment and the objection.;