- (1.) APPLICATIONS for allotment of the disputed accommodation under section 16 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) were filed before the Rent Control and Eviction Officer on the allegation that the occupant-had vacated the premises. An inspection was carried out by the Inspector and ultimately the Rent Control and Eviction Officer declared vacancy under section 12 of the Act on 23rd July, 1996. The landlord then filed an application for release of the disputed accommodation in his favour under section 16 (1) (b) of the Act on 28th January, 1997 on the ground that he intended to open a Charitable Hospital and Dispensary in the disputed accommodation. The application filed by the landlord was rejected by the Rent Control and Eviction Officer by the order dated 16th April, 1998. Subsequently, the accommodation in dispute was allotted in favour of the petitioner by the order dated 21st April, 1998 and an allotment order dated 12th October, 1998 was also issued in favour of the petitioner fixing the rent of the accommodation as Rs. 225/- per month.
(2.) THESE two orders dated 16th April, 1998 and 21st April, 1998 led to the filing of two Revisions by the landlord under section 18 of the Act. While Revision No. 2 of 1998 was filed by the landlord against the order dated 16th April, 1998 by which the release application was rejected, Revision No. 4 of 1998 was filed by the landlord against the order dated 21st April, 1998 by which the disputed accommodation was allotted in favour of the petitioner.
(3.) REVISION No. 2 of 1998 was allowed by the Judgment and order dated 8th July, 2002 and the order dated 16th April, 1998 was set aside. Revision No. 4 of 1998 was also allowed by the Judgment and order dated 14th February, 2008 and the order dated 21st April, 1998 was set aside. The opposite party therein was also directed to handover vacant possession of the building to the Revisionist within a period of one month.;