JUDGMENT

FAZAL ALI, J.:— This appeal by special leave is directed against a judgment dated Nov. 23, 1979 of the Allahabad High Court allowing a writ petition quashing the order of the Rent Control and Eviction Officer and remanding the case to him for considering. the question afresh in accordance with law and in the light of the observations made by the High Court.

2. The appeal involves a short and simple point but the case appears to have had rather a long and chequered career. Put briefly, the facts of the case fall. within a narrow compass so far as the points for decision are concerned. The first respondent, Smt. Rajkumari Jain, inducted Shri Thapalayal as a tenant in the premises in dispute which are situated in the town of Bijnor. The tenant intimated his intention to the Rent Control & Eviction Officer to vacate the premises on 25-6-1974. On receipt of the aforesaid application of the tenant a Rent Control Inspector was directed to visit the spot and after visiting the same he reported that the premises in question were likely to fall vacant on 9-6-1974. The prescribed authority by its Order dated 1-6-1974 allotted the premises to the appellant. In fact, the appellant had a