K. M. Dayal, J. - (1.) :-
(2.) THE present petition has been filed by the landlord against an order passed by the revisional court under sec. 18 of the U. P. Urban Buildings Act, 1972 (hereinafter referred to as the Act), dismissing her revision. The brief facts of the case are that the petitioner moved an application under sec. 21 (1) (a) of the Act for eviction of respondent no. 3, who was the sitting tenant. After rejection of that application respondent no. 3 moved an application under Rule 10 (6) (a) of the rules framed under the Act, that he was an old man and he wanted to take Om Prakash, respondent no. 4 as partner in his business. That application was allowed by an order dated 3rd June, 1977. A revision was filed by the landlord against that order under sec. 18 of the Act. That revision was allowed by the District Judge, Dehradun by order dated 19th November, 1977. The District Judge held that the respondent no. 4 was not alleged to be a relation of respondent no. 3 and, therefore, the question of partnership as permitted by sec. 12 (2) of the Act could not arise. The matter came to this court in a writ petition and that order of the District Judge, Dehradun was set aside, and the case was remanded to the Rent Control and Eviction Officer for deciding the matter afresh.
(3.) IT appears from judgment of the District Judge dated 19-11-1977 (Annexure 1 to the writ petition) that after the order dated 3rd of June, 1977 rent was paid by Shobha Singh and Om Prakash jointly as partners. The contention before the District Judge was that the landlord had consciously accepted the rent and treated them as tenants. The finding was that the landlord was an illiterate lady and, therefore, it could not be said that by putting thumb impression on the receipt she accepted Om Prakasd as well a tenant. After the decision of the writ petition the matter was reopened before the Rent Control and Eviction Officer and by order dated 11-6-1977 the respondent no. 3 was permitted to accept respondent no. 4 as a partner and it was held that the partnership was bonafide. A revision was filed against that order before the District Judge, Dehradun and that revision has been dismissed on 17th July, 1979. Both the orders dated 11th June, 1979 and 17th July, 1979 are challenged in the present petition.;