A.B. Srivastava, J. - (1.) THE writ petition is directed against an order dated 9.4.1992 of the R.C. and E.O. Etwah whereby he declared vacancy. The respondent Nos. 2 and 3, the landlords moved an application under Section 16(1)(b) of Act 13 of 1972 with allegation that the petitioner who is a tenant of a shop of which they are landlords and was running the business of selling milk and curd, has shifted his business to another shop, the shop in question is totally vacant and locked, the house hold effects having been substantially removed, the respondent bonafide requiring the same for the office of mosque to which this shop pertains.
(2.) THE application was opposed, the petitioner pleaded that the building in question was not a shop and was used for residential purpose and he has been keeping his domestic goods and tethering cow in the same and it is being put to the same use even now. The R.C. and E.O. after calling for the report of R.C.I. declared vacancy.
(3.) THE affidavits having been exchanged between the parties, this petition is being finally disposed of at admission stage after hearing the learned counsel for the parties.;