Sudhir Narain, J. - (1.) This writ petition is directed against the order dated 16.2.1994 passed by the Rent Control and Eviction Officer declaring the vacancy of the premises in question.
(2.) The petitioner is admittedly landlady of the premises in question. An application for allotment of the premises was filed on the ground that the landlady is not occupying the premises. The Rent Control and Eviction Officer directed the Rent Control Inspector to submit his report. The Rent Control Inspector submitted his report on 1.6.1992 stating that at the time of Inspection, he found that the house was closed and one Smt. Somti was living in out houses of the building. In the building, there were six rooms, one hall, one verandah, etc. and one room on first floor. She informed that Major Nirmal alias Niminu had vacated the accommodation and gave its possession to Smt. Asha Raina. the owner of the house who was not found on the spot but it was reported that she was residing at Sri A. N. Kaul Dilaram Baradari Chaupatiya, Lucknow and the notice may be given to her.
(3.) The petitioner having come to know of the proceedings filed an objection before the Rent Control and Eviction Officer alleging that the Rent Control Inspector made the inspection of the house in question in her absence without any prior notice. The previous owners of the house in question were Smt. Kaushllya Devi and Major Raman. They have sold the property to the petitioner's mother. The name of Major Nirmal alias Nimmu had been wrongly stated in the report of the Inspector instead of showing his name Major Raman Bahadur. The Rent Control and Eviction Officer relying upon the report of the Rent Control Inspector dated 21.6.1992 declared the accommodation in question as vacant by his order dated 16.2.1994 and thereafter allotted the same to respondent No. 2 on 21.2.1994.;