The appellant tenant is aggrieved by the order passed by the High Court in writ jurisdiction, setting aside the order dated December 5, 1996 passed by the Additional District Judge and upholding the order of the Rent Control and Eviction Officer hereinafter referred to as R.C.O. in a proceeding under U.P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 hereinafter after referred to as the Act .
On companying to know this the appellant made an application for allotment of the said premises to the RCO.
The later sold his entire machinery installed in the house in dispute to the appellant for Rs.55,000/ which was duly paid to him on the same date.
A companyy of this order was directed to be put up on the Notice Board of his office and also to be served on the landlord through his mukhtiar e am Antique Ahmad.
The appellants case is that Antique Ahmad was duly informed accordingly.
On 1st August, 1995, he intimated through numberice to the R.C.O that since his business of brass utensils was number doing well he has decided to vacate the premises by the end of the month.
J, Leave granted.
In the margin of this order Antique Ahmad signed in token of his presence and service of the order.
It is the case of the appellant that on 14th August, 1995 he approached the said Antique Ahmad and also the outgoing tenant, namely, Anzar Hussain.
Misra.
The disputed premises belongs to one Rashiq Ahmed, a resident in England, who executed Power of Attorney on his behalf to Atique Ahmad sometime in the year 1992 who in due companyrse of management let out the house in dispute to one Mr. Ansar Hussain on a monthly rent of Rs.700/ .
On the 4th August, 1995 the said officer declared through numberification that the said house in dispute was about to fall vacant, hence 16th August, 1995 is fixed for deciding the question of allotment release.
Consequently the order made in his favour was set aside, directing the R.C.O. to dispose of landlords application under Section 18 3 of the Act to put the parties back in the position which they occupied before the allotment order.
