Judgment

VENKATACHALA, J.:- Special leave sought for in this petition is granted and we have heard learned counsel for the parties on the merits of the appeal.

2. For a residential building fallen vacant under sub-sections (3) and (4) of Section 12 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 --"The Act", if under sub-section (1) of Section 16 of the Act, an application is received from the landlord.

3. Of that vacant building for its release in his favour and another application is received from the former tenant of that vacant building for its re-allotment in his favour, which of those two applications require priority in the matter of their disposal by the District Magistrate concerned is the question arising for our consideration in this appeal.

4. As it would be advantageous to refer to the facts which have given rise to the said question, brief mention of those facts could be made before its consideration.

5. Shri Swaroop Narain Srivastava, the appellant in this appeal is the landlord of House No. 395/31, Raj Bhawan, Kashmiri Mohalla, Lucknow "the disputed house". By an allotment order made under the Act, that disputed house had been allotted i