Heard the learned counsel for the parties.

2. By the present writ petition the petitioner has challenged the order dated 2-8-1985 passed by the respondent no. 1.

3. Briefly stated the facts giving rise to the present writ petition are

that the property no. 22, Rampur Mandi Road, Dehradun is a commercial building in which MIS Kishan Agency were tenants. An application under Section 21 of U.P. Act No. XIII of 1972, was filed by the landlord Dr. U.c. Chandna and Smt. Santosh Chandna for the release of the premises in question. The landiord has also moved an application 16(1)(b) of the Act. The petitioner has also moved an application under section 151 C.P.C. for staying the proceedings in Case No. 130 of 1985 till the decision of the proceedings under section 21 of U.P. Act No. XIII of 1972. The Rent Control and Eviction Officer has rejected the said application and has recorded the finding that both the proceedings shall go simultaneously.

4. Reference may be made to the decision of 1999 (1) ARC 224 Bishan Chand and others vs. District Judge, Aligarh and others, where it has been held that simultaneous proceedings can be initiated. The observations are quoted below:

"The