S.K.Dhaon, J. - (1.) THIS and the companion Writ Petition No. 10948 of 1980 have their genesis in the same suit No. 139 of 1977. Both of them relate to premises No. 12 Clive Road Allahabad (hereinafter referred to as the accommodation in dispute). Therefore, the two petitions can be conveniently disposed of by a common judgment.
(2.) THE accommodation in dispute was in the tenancy of Sri Krishna Chandra, the Respondent No. 9 in this petition. He built his own house at Allahabad and shifted there. The Respondents No. 3 to 5 were the sub -tenants of Sri Krishna Chandra. The application made by the Petitioner on 18.10.1978 before the Rent Control and Eviction Officer for the allotment of the accommodation in dispute was rejected on 9th June, 1975. On 8th July, 1975, the Petitioner made an application for declaring the accommodation in dispute as vacant keeping in view the provisions of Section 12 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) act, 1972 (hereinafter referred to as the Act). The Petitioner made Anr. application on 21st January, 1976 for the allotment of the accommodation in dispute to him The Rent Control and eviction Officer passed an order whereby it declared the accommodation in dispute as vacant. The Respondents No. 3 to 5, the alleged sub -tenants preferred a Writ Petition No. 302 of 1976 in this Court challenging the order dated 25th February, 1976, passed by the Rent Control and Eviction Officer declaring the accommodation in dispute as vacant. A Division Bench of this Court on 7th April, 1977, dismissed the said writ petition summarily.
(3.) SRI Krishna Chandra, the original tenant, preferred a Writ Petition No. 852 A of 1976 in this Court challenging the order dated 25th February, 1976, declaring the accommodation in dispute as vacant. This petition was also dismissed summarily on 20th May, 1977.;