1 and on 10.11.78, the Additional District Magistrate by another order allotted the first floor of the suit premises in favour of respondent No.
This appeal is directed against the judgment and order dated 29.1.97 passed by the Allahabad High Court, bench at Lucknow.
The facts giving rise to this appeal, are these The house in dispute originally belonged to late Dr. C.P. Tandon, who was in occupation of the house till his death on 24.8.77.
The Additional District Magistrate by an order dated 8.11.78 allotted the ground floor of the house in favour of respondent No.
On 15.9.78, the Additional District Magistrate on the basis of the inspectors report issued numberice inviting objections for allotment of the first floor of the suit premises.
After his death, his wife Smt.
Dr. K.K. Tandon died on 10.6.78 in England.
On 11.9.78, the rent companytrol inspector submitted his report stating therein that first floor of the premises is vacant under Section 12 of the U.P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 hereinafter referred to as the Act , and, therefore, allotment proceedings may be taken.
Respondent No.
But she was also in England at the time of the death of her husband.
3 filed objections to the aforesaid numberice, inter alia, stating that numberportion of the suit premises is vacant.
However, the Additional District Magistrate on 23.10.78 declared entire house as vacant.
On 28.8.78, respondent No.
1 applied for allotment of the whole house in question in his favour.
Asha Tandon became its owner as landlady.
After his death, his son late Dr. K.K. Tandon, became the owner landlord of the house.
