B.L.Loomba, J.

1. Controversy in this writ petition rellates to (southern) half portion of House no. B-5 Sector A Mahanagar, Lucknow. Respondent Ashok Kumar Sahai claimed ownership of this house by inheritance from his mother. One S. K. Misra was the tenant of this disputed portion of the house. Smt. Asha Misra wife of S. K. Misra built their house in another section of Mahanagar. Respondent Ashok Kumar Sahai moved application under Section 16 (1) (b) of U. P. Act XIII of 72 on 6-11-1981 seeking release of this accommodation on the ground that this was his only house at Lucknow or elsewhere and it was needed by him for use and occupation by him and his wife and that it will not be let out to any one The need was stated to be bonafide, genuine and pressing. Smt Sushila Dwivedi, the petitioner in this writ petition moved an application before the Rent Control Officer stating about its vacancy by S. K. Misra and praying for allotment thereof in her favour. This application for allotment and Ashok Kumar Sahai's application for release were taken up together by Additional District Magistrate (Civil Supplies) Lucknow and were disposed of by his judgment and order dated 12-10-1983