V.K. Mehrotra, J. - (1.) Sri Babu Ram Awasthi was a practising Advocate who started practice at Allahabad around the year 1932. Sometimes in the year 1942 he took a portion of Bungalow No. 23, Hamilton Road, George Town, Allahabad on rent as a tenant, Smt. Kunwar Kishori Razdan is the landlady owning the house. She lives at Ujjain in Madhya Pradesh. Babu Ram Awasthi decided to retire from active practice on account of old age. This was in the year 1972. At one stage he thought of leaving Allahabad. He informed the land -lady about it. It appears, however, that he changed his mind. He is said to have illegally sub -let a portion of the accommodation in his possession to one Gaya Prasad Yadav, Advocate without obtaining any permission from the District Magistrate or the consent of the landlady.
(2.) On November 18, 1972 Gaya Prasad Yadav made an application for allotment of that portion saying that he has been left in possession thereof by Babu Ram Awasthi on behalf of the landlady and was continuously living therein since 1971. When the Rent Control and Eviction Officer issued a notice to the landlady she filed an objection saying that the portion was sub -let illegally by Sri Babu Ram Awasthi. The Rent Control and Eviction Officer, however, concluded that Gaya Prasad Yadav was in possession ol the portion since 1971 with the consent of one Maqbool Hasan, agent of the landlady. He declared the possession of Gaya Prasad Yadav as authorised by law by order dated July 12, 1973. This order was set aside by this Court in Writ No. 7074 of 197' filed by the landlady. In this writ petition Sri Babu Ram Awasthi was impleaded as a Respondent. He had filed an objection in which he said that Gaya Prasad Yadav was not his sub -tenant but had, as a matter of fact, been permitted to live in the portion for a short period as he had been thrown out from his house. This assertion was noticed by the learned Single Judge in his judgment of July 10, i975. Gaya Prasad Yadav filed Special Appeal No. 2 of 1975 against this judgment which was dismissed by this Court on March 3, 1976. The judgment of the single Judge was affirmed.
(3.) In the year 1977 the landlady filed an application for release of the accommodation in the tenancy of Babu Ram Awasihi Under Sec. 21 of the U.P. Act No. XIII of 1972. This was registered as case No. 17 of 1977 before the Prescribed Authority. Sri Babu Ram Awasthi filed an objection dated December 3, 1977 in it. He denied that he had vacated the premises or that he had permitted a stranger to live in it. He also denied the bonafide need of the landlady. He further said that he was doing chamber practice and that his sons and daughters continued to visit and reside with him. Also that he was living at that time at Bangalore in connection with his treatment though the entire house -hold material was still lying in the house in dispute. these assertions were re -iterated in an affidavit sworn by Babu Ram Awasthi at Bangalore on November 13, 1978.;