K.C.Agrawal, J. - (1.) House No. 14. situate in Mohalla Chahmir, Budaun, was in occupation of one Mohiuddin. He was murdered and, thereafter, the possession of the house was taken by the police.
(2.) During the period that the house was still in the custody of the police, an application for its allotment was filed by Smt. Usha Sachdeva, Respondent 2. Apart from respondent 2, some other persons had also filed applications for allotment. According to Smt. Noor Jahan Begam, petitioner 2, the house belonged to a waqf Alal Aulad, and the deceased Mohiuddin was its Mutwalli. She claimed that after his death, she became the Mutwalli of the Waqf property. She asserted that as Mohiuddin was in possession of the house in the capacity of Mutwalli, therefore, after the death of Mohiudin the right passed on to her, and the house was not available for allotment. One Sudesh Kumar also filed an application claiming that he was a lawful tenant having been admitted by Mohiuddin in respect of a part of the aforesaid house, and the portion which was let out to him was in him possession and was not allotable. He claimed himself to be the lawful occupant.
(3.) On 26-4-1975, the Rent Control and Eviction Officer, allotted the premises to Smt. Usha Sachdev, respondent 2. He however, did not pass any order either on the application of Noor Jahan Begam, petitioner 2, or on the application of Sudesh Kumar. Aggrieved by the aforesaid order of the Rent Control and Eviction Officer, two appeals were preferred before the District Judge ; one by the petitioner 2 and the other by Sudesh Kumar. Both these appeals were consolidated and were decided on 13-12-1975. The learned First Additional District Judge held that the allotment order in favour of Smt. Usha Sachdev was invalid inasmuch as the same could not be passed without deciding the applications filed by Smt. Noor Jehan Begam and Sudesh Kumar. In this view of the matter, he remanded the case to the Rent Control and Eviction Officer.;