J.C.Gupta, J. - (1.) By means of this writ petition, the petitioner has challenged the order dated 27.9.94 passed by Vth Addl. District Judge. Allahabad-respondent No. 1 whereby revisional court has remanded the case to the Rent Control and Eviction Officer for a fresh decision in accordance with law.
(2.) The dispute relates to a portion of first floor of house No. 91 Sadar Bazar, Allahabad. The said portion was in occupation of erstwhile tenant Shri S. K. Jha. Application for allotment was made by the petitioner alleging that the disputed portion had fallen vacant on account of transfer of Shri S. K. Jha to Moradabad and of the same being left in unauthorized occupation of Shri G. N. Jha. After having the report from the Rent Control Inspector and on consideration of evidence, the Rent Control and Eviction Officer by the order dated 12.10,87 declared vacancy. It further appears that after declaration of vacancy, the landlord-respondent No. 3 made an application for the release of the disputed portion in his favour whereas Shri G. N. Jha and the petitioner applied for allotment- By the order dated 25.8.88. the release application of the landlord-respondent No. 3 was rejected by the the Rent Control and Eviction Officer and simultaneously by the same order the premises in question was allotted in favour of the petitioner. Aggrieved by the said order the landlord-respondent No. 3 filed Rent Control Revision No. 175 of 1988 which has been allowed by the revisional court by the impugned order dated 27.9.94 and the case has been remanded to the Rent Control and Eviction Officer to decide the case afresh.
(3.) Learned counsel for the parties have been heard at length and record has also been perused.;