Hon’ble Sudhir Agarwal, J.—Heard Sri M.K.Nigam, learned counsel for the petitioner, Sri C.K.Parekh, learned counsel for the respondents and perused the record.

2. This writ petition has arisen out of the order dated 31st May, 1999 passed by Rent Control & Eviction Officer, Varanasi (hereinafter referred to as “RCEO”) in Case No. 38 of 1996 (Smt. Indrani Sharma v. Smt. Uma Yadav and others) declaring vacancy in certain parts of the building in question and fixing next date for completing the proceedings relating to allotment.

3. The dispute relates to House No. C.K.8/8 situated in Mohalla Garhwasi Tola, Varanasi. The respondent No. 2 and 3 filed application dated 20.7.1996 under Section 16(1)(b), Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (hereinafter referred to as “Act, 1972”) for declaring vacancy at the premises in question and for eviction of petitioner from the said accommodation giving vacant possession to the applicant i.e. respondent No. 2 and 3. It was contested by the petitioner filing objection dated 12.9.1996. The application was initially rejected by RCEO vide order dated 22.2.1997 whereagainst a