HARI RAM CHIMEDIA Vs. SURESH CHANDRA

JUDGEMENT

(1.) SUDHIR Narain, J. This writ peti tion is directed against the order dated 25-2-1985 passed by the Rent Control and Eviction Officer rejecting the release ap plication filed by the petitioner under Sec tion 16 (l) (b) of U. P. Urban Buildings (Regulation of Letting, Rent and Evic tion) Act, 1972 (in short the Act) and the order of respondent No. 1 affirming the said order in revision.

(2.) THE facts, in brief, are that Suresh Chandra, respondent No. 1, filed applica tion for allotment of the house No. 6, Naina Garh, District Jhansi on 19-11-1983 on the ground that one Ramesh Chandra Jain was tenant of the said house who had died and his son Pramod Kumar left for Agra and the house is vacant. THE Rent Control and Eviction Officer directed the Rent Control Inspector to submit a report. THE Rent Control Inspector submitted a report that Ramesh Chandra Jain was residing in western portion of the house and after his death his son became the tenant. THE petitioner is landlord of the house. He filed an application for release alleging that he was earlier in Loco depart ment of the Railway and subsequently he was transferred to Bombay. Ramesh Chandra Jain was his tenant and after his death Pramod Kumar became his tenant but he left for Agra. He prayed for release of the disputed accommodation on the ground that he retired from service on 28-2-1983 and had to vacate the official residence. THE Rent Control and Eviction Officer declared the disputed accom modation as vacant on 1-2-1985. THE release application filed by the petitioner was rejected on 25-2-1985 and by the same order he allotted it to respondent No. 1. THE petitioner preferred a revision and the revision has been dismissed on 15- 10- 1985.

(3.) DURING the pendency of the writ petition the petitioner has expired. The writ petition was filed by the deceased petitioner and the order being illegal the same is liable to be quashed.