R.M. SAHAI, J.

1. IN this landlord's petition the principal question that arises for consideration is whether Rent Control and Eviction Officer could have declared vacancy even though decree for eviction passed against the sitting tenant was not executed. Admittedly Saharanpur Cooperative Sugarcane Development Union Limited was tenant of the petitioner. As premises was sub-let by the tenant a suit for ejectment was filed which was decreed. After the decree was passed one Shiv Nath Sharma intimated Rent Control and Eviction Officer on 3-5-1980, that as decree for ejectment had been passed the premises were likely to fall vacant and order for allotment may be passed in his favour. On 23rd July, 1980 petitioner also filed an application praying that as premises in dispute were in a dilapidated condition they may be released in her favour for demolition and reconstruction. It was also alleged that she bonafide needed the same. On this application for release notices appear to have been sent to the aforesaid Union as well. Affidavits were exchanged between parties. Shiv Nath Sharma challenged the claim of petitioner that building was dilapidated. The Rent Control and Eviction Off