JUDGMENT

SEN, J.:— This appeal by special leave is directed against the judgment and order of the Allahabad High Court dated September 13, 1978 setting aside the order of the District Judge, Gorakhpur dated December 15, 1977 and restoring an order of allotment dated, September 7, 1977 passed by the Rent Control and Eviction Officer, Gorakhpur under Section 16 (1) (a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

2. On the basis of an intimation given to the Rent Control and Eviction Officer, a residential house belonging to the appellant which was in occupation of one Smt. Krishna Devi Asthana was got inspected by the Rent Control Inspector on September 2, 1977 in his absence. On the same day the Rent Control and Eviction Officer issued a notice declaring deemed vacancy of the demised premises under Section 12 (1) (a) of the Act calling upon persons desirous of getting allotment of the same or of filing objections to file their applications by September 7, 1977. Immediately on the service of the notice on September 6, 1977, the appellant appeared and filed an application before the Rent Control and Eviction Officer praying for 15 days tim