S.D.AGARWALA, J. - (1.) THIS is a petition under Article 226 of the Constitution of India.
(2.) THE dispute relates to quarter No. 2, Talat Lodge, house No. 4/172, Amirunishan, Dodhpur, Aligarh. In this quarter, one Dr. Arsad was a tenant. He vacated the accommodation. After Dr. Arsad vacated the accommodation, on 20th August, 1983, the property was declared as vacant. After declaring the property as vacated, the property was allotted to Km. Naeem Begum Nyazi. The objection of the petitioner, who is the owner of the property, was that the quarter was a new construction and the provisions of U.P. Act No. 13 of 1972 (hereinafter referred to as the Act) are not applicable and, consequently, the case of the petitioner was that she was entitled to possession of the property and no allotment order could be passed in respect of the said property.
(3.) THE Rent Control and Eviction Officer rejected the plea of the petitioner by his order dated 4th October, 1983. As a consequence thereof, an allotment order was passed in favour of respondent No. 3. Aggrieved by the order declaring vacancy and allotting the property to respondent No. 3, two revisions were filed under Section 18 of the Act. One more revision was filed by the persons who could not get an allotment order. All these three revisions were connected and decided by a common judgment dated 23rd October, 1984. The effect was that the owner's contention that the property did not come under the provisions of U.P. Act No. 13 of 1972, was rejected and the property was allotted in favour of respondent No. 3 as stated above.;