- (1.) HEARD Mr. Prashant Chandra, learned Senior Advocate assisted by Mr. Jaspreet Singh, learned counsel for petitioner No. 1 and Mr. Mohd. Arif Khan, learned Se­nior Advocate assisted by Mr. R.K.S. Suryavanshi, learned counsel for petitioner No. 2 and Mr. R. B. Singhal, learned counsel for opposite party No. 6.
(2.) THE writ petition is directed against the judgment and order dated 23-3-1979 passed by learned Additional District Judge-11, Luc-know in rent revision No. 150 of 1978 allow­ing the revision of opposite party by setting aside the orders of allotment made in favour of petitioners by A.D.M.(CS)/R.C.& E.O., Lucknow. The facts narrated by the petitioners are briefly stated as under:- The description of premises in question is "Sangeet", 509/151 Rai Bihari lal Road, New Haidrabad, Lucknow.
(3.) UNDER the Uttar Pradesh Urban Build­ings (Regulation of Letting, Rent and Evic­tion) Act, 1972, (here-in-after referred to as the "Act") the premises was inspected for the purpose of declaration of the vacancy by the Rent Control and Eviction Officer and it was found vacant. Therefore, he issued a notice on 1-10-1977 inviting objections regarding the declaration of vacancy. This proceeding was initiated on the basis of application for allotment moved by Dr. Suresh Chandra Yadav. Mr. Pran Nath Seth-opposite party No. 3 filed objection through which he admitted that previously it was occupied by one police officer and late Dr.C.P. Tandon had got it re­leased for his own use and occupation. Ulti­mately proceeding for allotment initiated by Dr. Suresh Chandra' Yadav was dropped. Thereafter, respondent No. 5-Syed Kalim Uddin occupied the entire premises as a tenant with the consent and permission of the landlord. On 28-8-1978, he vacated the en­tire premises. On 28-8-1978, the petitioner No. 1 applied for allotment of entire house upon which, respondent No. 2, Additional District Magistrate obtained the report of the Rent Control Inspector, who reported that the first floor of the house in question was va­cant. The respondent No. 2 issued notice on 15-9-1978 inviting objections for declaration of vacancy. Respondent No. 5-Syed Kalim Uddin put in appearance on behalf of Smt. Asha Tandon-opposite party No. 4 by filing his Vakalatnama. He also filed objection stat­ing therein that the house in question was never let out to any police officer by late Dr. C.P. Tandon, which was contrary to the state­ment of Shri Pran Nath Seth made through his objection dated 10-10-1977. The peti­tioner No. 1 filed reply of objections denying the capacity of respondent No. 5 to live in the premises as family member of Smt. Asha Tandon. By means of order dated 9-10-1978, respondent No. 2 fixed the next date i.e. 23-10-1978 for evidence. However, no evidence was filed on that date on behalf of respon­dent No. 4. On 23-10-1978, the respondent No. 2 declared the vacancy of the first floor as well as the ground floor of the premises.;