K.C. Agrawal, J. - (1.) THE writ petition is directed against a judgment of the District Judge, Gorakhpur, dated 17 -9 -1976, allowing an appeal of Respondent.
(2.) THE dispute relates to a shop, situate in Mohalla Purdilpur, district Gorakhpur. It belongs to Ambreshwari Sahai, Respondent 3. An application was filed by the Petitioner for allotment of the said shop on the ground that as it was in illegal possession of Abdul Majid alias Kallu, the premises was vacant, and that the same was open for allotment. The Rent Control and Eviction Officer got an enquiry made, and after the report had been submitted by the Town Rationing Inspector, he held on 24 -5 -1975 that the shop was lying vacant. Thereafter he passed an allotment order. The date of the allotment order is not to be found on the record. It is, however, the admitted case of the parties that in pursuance of the aforesaid allotment order, the Petitioner obtained possession of the shop on 1 -7 -1975. Thereafter, Mohammad Yasin, Respondent 1, filed an application under Section 16(5) of U.P. Act XIII of 1972 for the review of the allotment order on the ground that the same had been procured by the Petitioner on a false and wrong averment. The case of Respondent I was that be had been a tenant of the aforesaid shop, and that the same was in possession of his servant who was doing the repairing of motor cycles in the disputed premises.
(3.) THE application was resisted by the Petitioner. He alleged that the shop was not in possession of Respondent 1, and that it had been let out to Abdul Majid alias Kallu who had been doing business in his own personal right having no connection with Respondent 1.;