HARBANS LAL Vs. JAGMOHAN SARAN

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Allahabad High Court allowing the respondents writ petition on the finding that the accommodation let out to the appellant must be deemed to be vacant.

(2.) The respondent is the landlord and the appellant is the tenant of a shop in Mohalla Nan Panjan, Khurja in the district of Bulandshahr. The respondent filed a petition under S. 12 read with S. 16 of the U. P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972 alleging that the accommodation had been sub-let by the appellant to one Yadram, that the appellant had ceased to occupy the shop and had allowed it to be occupied by Yadram and his son Madan Lal, neither of whom was a member of the appellant's family. He claimed a declaration that the shop had fallen vacant and that it should be released to him.

(3.) The Prescribed Authority made an order dated Oct. 30, 1976, rejecting the respondent's petition, on the finding that he had failed to prove that the appellant had sublet the shop and that it could be deemed to be vacant. He found that the appellant had established that he was conducting his business of selling vegetables in the shop and that Madan Lal sat in on his behalf. An appeal by the 'respondent was dismissed by the learned Second Additional District Judge, Bulandshahr by his order dated Sept. 21, 1977. He affirmed the findings of the Prescribed Authority.