ORDER :- Respondent No. 4 Jamil Ahmad is the landlord of an accommodation of which respondents 5 and 6 were the tenants. Respondent No. 4 filed a suit for ejectment of respondents 5 and 6. The suit was decreed. Before, however, even an application for execution of the decree was made by respondent No. 4 an application was made by respondent No. 5 before the Rent Control and Eviction Officer intimating him that he was going to vacate the accommodation aforesaid. It appears that another application was made by the petitioner for allotment of the said accommodation. An order of allotment was passed by the Rent Control and Eviction Officer in favour of the petitioner on December 21, 1971. Coming to know of the order of allotment respondent No. 4 made an application before the Rent Control and Eviction Officer on January 4, 1972, for setting aside that order. As is apparent from the order of the Rent Control and Eviction Officer dated August 25, 1972, a copy of which has been filed as Annexure IV to the writ petition, the said application had been made on the ground that the accommodation in question was neither vacant nor was likely to fall vacant and that the petitioner and respondent

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