Rakesh Tiwari, J. - (1.) HEARD Counsel for the parties and perused the record. Brief facts of the case are that the dispute relates to premises No. 3/18 Vishnupuri Kanpur which is a trust property known as Bholly Bhai Shairababu Trust of which the respondent Nos. 2 and 3 are the trustees. The petitioner is tenant of the premises in question since 1964.
(2.) IT is alleged that respondent No. 1 filed an application for allotment of the house in question inter alia, that the house in question is vacant. The Rent Control Inspector made inspection of the premises in question on the application of respondent No. 1 and the Rent Control and Eviction Officer declared vacancy on 29.7.1981 and on 15.2.1982 it was allotted to respondent No. 1. The petitioner filed a revision against the aforesaid allotment order which was allowed vide order dated 30.10.1982 directing Rent Control Officer to decide the case afresh. However, the order -dated 30.10.1982 was not challenged by either party and it became final. After the remand the case was decided afresh and the house in question was found not vacant hence by order dated 7.6.1986 the Rent Control Officer held no vacancy.
(3.) AGGRIEVED by the order dated 7.6.1982 respondent No. 1 filed Writ Petition No. 15715 of 1986 on the ground that Rent Control and Eviction Officer to hold no vacancy and direct the unauthorized occupants to be valid occupants. The writ petition was allowed vide order 17.11.1999 remanding the matter back to the Court below to decide it afresh for determination of following issues: 1. Whether there is any allotment in favour of Virendra Kumar Awasthi or not? 2. Whether the possession of Virendra Kumar Awasthi was regularization under Section 14 of the Act?;