SHASHI KANT GUPTA,J. - (1.) This writ petition has been filed for quashing the order dated 6.10.1998 passed by the respondent No. 1 Rent Control and Eviction Officer (1st) Allahabad in case No. 14 of 1996 Bhupendra Kumar Singh Vs. C. M. Ghosh Trust in regard to Property No. 26/28 Mahatma Gandhi Marg, Allahabad whereby the said house has been declared vacant under the U.P. Urban Buildings (Regulation of Letting, Rend and Eviction) Act, 1972 (in short 'the Act').
(2.) BRIEF facts of the case as enumerated in the writ petition are as follows; Father of the petitioner late Babu Lal Valmiki was allotted premises No. 26/28, Mahatma Gandhi Marg, Civil Lines, Allahabad, by means of an allotment order dated 17.12.76. The petitioner was residing with his father Babu Lal Balmiki in that building at the time of his death, and after his death the landlord issued rents receipts in favour of the petitioner. Father of petitioner Babu Lal Balimiki died on 28.11.95. The entire family members of the petitioner also gave in writing to the landlord that it is only Promod Chandra, the petitioner, who is staying in the premises in question.
(3.) DURING the life time of the father of the petitioner, one Bhupendra Kumar Singh respondent No. 3, (prospective allottee), had moved an application dated 12.10.93, mentioning therein in column No. 15 that father of the petitioner was staying in 379, Sadar Bazar, Allahabad, as such, there is a 'deemed vacancy'.;