K. C. AGARWAL, J.:- Bungalow No.17, Kanpur Road, Allahabad belongs to the Methodist Church, Allahabad. This was allotted to Dr. (Smt.) D. Kaur in 1954. Dr. (Smt.) D. Kaur was employed as Medical Officer Incharge, Dufferin Hospital, Allahabad in that year. Subsequently, she resigned from government service in or about the year 1956, and started her private practice.

2. Smt. Kanti Khare, the petitioner, filed an application under Section 16 read with Section 12 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as Act XIII of 1972) (for the allotment?) of the aforesaid bungalow. She alleged that Dr. (Smt.) D. Kaur had constructed a residential building for herself at Nyaya Marg known as Poorab Paschim. Hence, the accommodation in dispute would be deemed to have fallen vacant under Sec.12 (3) of U.P. Act XIII of 1972. The application made by the petitioner was referred for enquiry under Rule 8 to the Rent Control and Eviction Officer, who found that there was no vacancy. The Rent Control and Eviction Officer, thereafter, rejected the application on November 28, 1977 on the ground of being barred by principle of res judicat