V.K. Mehrotra, J. - (1.) These petitions under Article 226 of the Constitution are directed against the orders dated April 10, 1986 by which the District Judge, Varanasi affirmed the order of the Rent Control and Eviction Officer, Varanasi in Rent Revisions Nos. 50 and 130 of 1986 under Section 18 of U.P. Act No. 13 of 1972. The provisions of U.P. Act No. 13 of 1972 are admittedly applicable to the two premises question in these petitions. The facts in the two cases are almost similar. The questions canvassed before this court are similar too. The petitions were presented in this court on April 15, 1986. Most of the respondent put in appearance and counter affidavit was filed on behalf of some of them. As prayed by the counsel for the parties the petitions are being finally disposed of at the admission stage, after hearing counsel at some length. The essential facts are these : Near Shri Shiv Prasad Gupta Hospital, Varanasi one Sri Sahu Sia Ram constructed some quarters suitable for residential purposes for Medical Officers posted to the said hospital. Sahu Sia Ram entered into an agreement of lease for letting out these quarters with the State of U.P. through the Civil Surgeon, Varanasi on January 29, 1959. The two quarters which are in question in these petitions are part of premises No. K-65/86, Haridas Katra, Kabir Chaura, Varanasi. These quarters were allotted by the Chief Medical Officer/Senior Medical Superintendent, S.S.P.G. Hospital, Varanasi to the husbands of the two petitioners when they were posted at Varanasi to the said hospital. Dr. Madhavi Gupta, petitioner in Writ petition No. 5253 of 1986) is the wife of Dr. M.K. Gupta while Smt. Krishna Rai (petitioner in writ petition No. 5254 of 1986) is the wife of Dr. B.B. Rai.
(2.) Sri Rang Nath, the 5th respondent, is the son of late Sri Sia Ram Sahu. In the year 1977 he instituted a suit for the ejectment of the lessee from the premises. This suit was decreed on October 17, 1977 both for recovery of arrears of rent and for the ejectment of the lessee in respect of all the quarters forming part of the building. The lessee assailed the decree in a revision under section 25 of the Provincial Small Cause Courts Act. The revision was allowed. This was on July 15, 1978. The landlord came to this Court in a petition under Article 226 of the Constitution which was allowed on January 29, 1981 and the case was remanded back to the District Judge for re-consideration of the matter on merits. The learned District Judge allowed the revision and dismissed the suit on February 16, 1982. The landlord Sri Rang Nath approached this court in a petition under Article 226 of the Constitution. The petition was allowed on January 23, 1984. The judgment of the trial court dated 17th October, 1977 decreeing the suit was restored. The decision of the High Court is reported as Rang Nath v. State of U P. and others, 1984(1) Allahabad Rent Cases, 642 . While the writ petition was still pending in this Court, Dr. Madhavi Gupta (petitioner in Writ No. 5253 of 1986) obtained an allotment order of the quarter which was in possession of her husband Dr. M.K. Gupta in her favour on August 8, 1983.
(3.) The landlord put the decree into execution on February 13, 1984. This was registered as execution Case No. 15 of 1984. On February 15, 1984, a Parvana for possession was issued as no objection had been filed in the execution case. Smt. Krishna Rai (petitioner in writ petition No. 5253 of 1986) made an application for allotment of the quarter which was in occupation of her husband Sri B.B. Rai. Vacancy was notified by issuance of notice on March 23, 1984 and allotment was made in favour of Smt. Krishna Rai on March 27, 1984.;