- (1.) THIS petition has been filed by the landlord for setting aside the order dated 27th June, 1996 passed by the Rent Control and Eviction officer by which the application filed by the landlord on 29th November, 1995 for dropping the proceedings initiated under section 16 of the U. P. Urban buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'act') has been rejected.
(2.) THE records indicate that as the tenant of the building in dispute had built his own residential house in the same city, the landlord moved an application under section 16 of the Act on 20th March, 1995 while an application for allotment of the premises was also filed by one Sri Keshav Chand Pandey who has been arrayed as respondent No. 2. During the pendency of the aforesaid applications, the landlord also filed an application under section 21 (1) (a) of the Act which application was allowed by the order dated 23rd November, 1995 and pursuant to the aforesaid order the tenant has delivered possession of the premises to the landlord on 28th November, 1995.
(3.) SUBSEQUENTLY, the landlord moved an application before the Rent control and Eviction Officer with a prayer that the proceedings under section 16 of the Act may be dropped in view of the order passed on the application filed by the landlord under section 21 (1) (a) of the Act. This application was rejected by the Rent Control and Eviction Officer by the order dated 27th June, 1996.;