DILIP GUPTA, J. - (1.) THIS petition has been filed by the tenants for quashing the order dated 24th May, 1995 passed by the Rent Control and Eviction Officer, Aligarh.
(2.) THE landlord had filed an application under section 16(1)(b) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972 (hereinafter referred to as the 'Act') for release of the premises as deemed va­cancy under section 12 of the Act had occurred since the tenants had illegally allowed it to be occupied by one Sri Thakur Das. A report dated 22nd September, 1978 was submitted by the Rent Control and Eviction Officer and ul­timately the application filed by the landlord was rejected by the Rent Control and Eviction Officer by the order dated 21st September, 1979 holding that vacancy had not arisen. This order was challenged by the landlord by fil­ing a Revision, which was allowed by the order dated 5th April, 1980 and the matter was remanded. The tenants filed Writ Petition No. 6317 of 1980 to chal­lenge the order passed in the Revision and by the judgment and order dated 10th January, 1984, the petition was dismissed and it was observed that the Rent Control and Eviction Officer shall decide the matter in accordance with the remand order dated 5th April, 1980. The Rent Control and Eviction Officer after remand, by the order dated 24th May, 1985 declared vacancy. It is this order dated 24th May, 1985, that has been impugned in the present writ peti­tion. I have heard learned Counsel for the petitioner and learned Counsel appearing for the respondents.
(3.) LEARNED Counsel for the petitioner submitted that the Rent Control and Eviction Officer had remanded the matter for decision on two matters namely, whether there was any electric connection in the house of Sri Thakur Das and whether the report of the Rent Control and Eviction Officer was correct or not and this is also what has been observed by this Court in the judgment and order dated. 10th January, 2004, but the Rent Control and Eviction Officer has not given any specific findings on these two matters.;