- (1.) This is tenant's writ petition under Article 226 of the Constitution for quashing the order dated 22-12-1978 passed by the Additional District Judge, Gorakhpur Respondent No. 1.
(2.) Briefly stated the facts are that one Lok Nath Dixit was owner of house No. 22 situated in Mohalla Hazaripur in the town of Gorakhpur. This house was divided in five portions, one of which was in the possession of the owner himself, three others were in possession of tenants and the fifth portion facing the road towards south was let out to Laxmi Prasad Gupta, Petitioner No. 1 for the purpose of carrying on business therein, on 1--7--1967. On his death on 6-4-1972 Lok Nath Dixit left behind his three sons Ramesh Chandra, Harish Chandra and Mahesh Chandra, his widow Smt. Dulari Dixit, one unmarried daughter Suman Pandey and two married daughters Smt. Drmila Dubey and Smt. Mithilesh Dubey. An application for release of the aforesaid fifth portion was moved by the sons, widow and unmarried daughter under Section 21(1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) on 4-5-1977. The married daughters were made opposite parties of the second set. Opposite parties of the Ist set consisted of the tenant and one Anand Prasad Gupta, a relation of his. Two grounds were given in the application. Firstly that Mahesh Chand was out of employment and he wanted the disputed shop for setting up his own business and the second ground was that Laxmi Prasad Gupta was carrying on Kairana Business in a shop in Mohalla Khoonipur Saha-ganj and had sublet the shop in dispute to Anand Prasad Gupta.
(3.) The application was contested by both these opposite parties. The alleged need of Mahesh Chandra was denied and it was asserted that he was doing business in the small triangular areas which adjoins the disputed shop. It was also denied that Laxmi Prasad Gupta had sublet the disputed shop to Anand Prasad Gupta.;