A.S.Gill, J. - (1.) Petitioner challenges the order dated 3.7.1981 passed by the Rent Control and Eviction Officer, Faizabad and the order dated 19.7.1982 passed in revision by IVth Additional District Judge, Faizabad dismissing the application for release of the disputed house in her favour.
(2.) Briefly stated the facts of the case are that House No. 4/4/60, Rath Haveli, Faizabad belongs to petitioner's husband, who lives in Calcutta. This house is double storeyed. Both the storeys were on rent. The ground floor was in the occupancy of one Raj Mani Trigunayat, who was allotted the accommodation by the Prescribed Authority. He was transferred to Allahabad and the premises became vacant. According to the petitioner, she came to live in that portion and during summer, she had gone to Sultanpur when at her back opposite party No. 3 Raj Mani on account of his influence got allotted the ground floor of the house in his favour and forcibly occupied the same. She filed an application before the Rent Control and Eviction Officer but the same was dismissed, and the revision against that order was also dismissed by the Additional District Judge.
(3.) A perusal of the order of both the authorities below would indicate that the petitioner was not found to be landlady of the house and no objections were filed earlier to the allotment of the house in favour of opposite party No. 3. It has been contsnded before this Court that the learned Prescribed Authority in most arbitrary manner has decided the allotment application even without disposing of the amendment application filed by her and once the revisional authority observed that there were some irregularities in the allotment procedure, the allotment should have been cancelled by the revisional authority.;