S.U.Khan, J. - (1.) Heard learned Counsel for the parties. This writ petition is directed against orders dated 19.5.1998 and 25.5.1998 passed by Rent Control and Eviction Officer (1st), Allahabad in Case No. 40 of 1994, Smt. Shaheedun Nisa v. RC and EO. Through the first order vacancy of accommodation in dispute was declared. Through the second order review filed by petitioner was rejected.
(2.) Proceedings were initiated on the application of Mohd. Sharif - respondent No. 3 real brother of the petitioner dated 4.6.1994. Thereafter on 22.6.1994 landlady-respondent No. 2 Shaheedun Nisa also filed release application.
(3.) It is undisputed that through allotment order dated 23.6.1958 accommodation containing three rooms, two verandas, two bath rooms and a court yard and jointly allotted to petitioner and his real brother Mohd. Sharif- respondent No. 3. It is also undisputed that in the allotment order it was not mentioned that some specific portion of the said accommodation would be used by one allottee and the other portion by the other allottee. It was pure and simple allotment of the entire accommodation jointly in favour of petitioner and respondent No. 3.;