Prakash Krishna, J. - (1.) Heard Shri M.S. Haq, learned Counsel for the petitioner. Shri V.K. Nagaich, learned standing Counsel for the respondent No.1 and 2 and Shri Azad Khan, learned Counsel for the respondent No.3. In pursuance of the order passed on 21st of May, 2005 an affidavit of service has also been filed which is taken on record. In this view of the matter, all the respondents are duly represented.
(2.) The property in dispute is first and second floor of house No. 10 1/25, Khuldabad, Allahabad measuring about 1600 Sq. Fts.
(3.) This property was in the tenancy of one Ass Karan the died in the month of November, 2005, It appears that after death of tenant Ass karan, his heir and legal representatives removed their assets from the tenanted accommodation and shifted to some other place. The respondent No.3 herein Shri Muzaffarul Islam filed an application before the rent Control and Eviction Officer that the said accommodation be declared as vacant. A report was called for from the Rent Control Inspector. The Rent Control Inspector in his report dated 5th of January, 2006 found that Muzaffarul Islam, the prospective allottee is in possession of the said accommodation. The proceedings for declaration of vacancy was initiated. The Rent Control and Eviction Officer by the order dated 19th of May, 2006 passed in case No. 4 of 2006 declared the said accommodation as vacant. Thereafter an application for release of the accommodation was filed by the present petitioner who happens to be landlord. The said release application has been dismissed by the order dated 27th of June, 2006 vide Annexure-5 to the writ petition. Against the said order, the petitioner has field a rent revision No. 385 of 2006. The said revision is still pending.;