GIRJA SHANKAR TIWARI Vs. HIRDAY RANJAN CHAKRABORTY

JUDGEMENT

(1.) Leave granted. The appeal is disposed of by the following judgment.

(2.) This appeal arises out of the judgment and order of the High Court at Allahabad, Lucknowd Bench, dated 15th February, 1988. It relates to the premises being shop No. 483/ 10 in House No. 483/7, Ward No. 11, Station Road, Rae Bareli, in U. P., hereinafter described as premises in dispute. The house was situated on the first floor of the aforesaid shop. The landlords of the aforesaid shop and house at present are S/Sh. Anand Kumar Agnihotri and Raj Kumar Agnihotri, being the sons of late Sh. Krishna Chandra Agnihotri, residents of Station Road, Rae Bareli.

(3.) After the death of the owner, Sh. Krishna Chandra Agnihotri, the entire property was divided amongst his sons and the present shop and house have fallen in the share of the aforesaid two sons. The appellant is the brother-in-law of the said landlords of the premises in dispute. It appears that on 26th April, 1980, the appellant moved an application before the rent Control and Eviction Officer, Rae Bareli that the premises in dispute had fallen vacant and the same should be declared to be vacant and also applied for allotment of the said premises in his favour.