SARLA DEVI Vs. SHAILESH KUMAR

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the parties.

(2.) THIS is tenant's writ petition directed against vacancy declaration or der dated 22. 4. 2006 passed by the Rent Control and Eviction Officer/city Magistrate, Shahjahanpur in Case No. 20 of 2000, Shailesh Kumar and an other v. Smt. Sarla Devi. Landlords-respondent Nos. 1 and 2 filed release ap plication under section 12/16 of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for release of the accommodation in dis pute which is a shop on the ground that it was vacant and they needed it. Petitioner is tenant in the said shop at the rent of Rs. 300/- per month since 1987 and rent note was also executed by the tenant on 14. 9. 1987. It was also alleged that the shop had been sub- let to Atul Kumar Saxena.

(3.) AS far as sub-tenancy is concerned, tenant's husband was in service since the date on which shop in dispute was taken on rent by the tenant and since then business is being run in the same manner i. e. , controlled by the petitioner and run and managed by her husband's brother. If business is actually controlled by the tenant but management is looked after by another person then it does not amount to vacancy.