Prakash Krishna, J. - (1.) Heard Shri Shree Kant, learned Counsel forthe petitioners. None appears on behalf of the contesting respondent even in the revised list.
(2.) The dispute relates to a shop situate in House No. 545, Mohalla Maswani, G.T. Road, Fatehpur City. Indisputably, the petitioners are the landlords of the said shop. Earlier, the said shop was in the tenancy of one person who vacated it and the same was got released by the order dated 14.3.1986 in favour of Munni Devi who was the landlady and died during the pendency of the proceedings. The respondent No. 3, Ejaz Ahmad filed an application for allotment the said shop and cancellation of the release order on the ground that the landlady, after getting the shop released, is not utilising for the purposes it was got released. It was got released for opening a furniture shop but now a wine store is being run therein. The contention was that the landlady has sublet the. shop from time to time to different persons and when the said application was filed, the shop in question was in the sub-tenancy of one Rajendra Prasad who was running a wine business. The said application was rejected by the Rent Control and eviction Officer by order dated 26.9.1986. However, the said order was set aside in a revision by the Revisional Court by the order dated 15.7.1987 and the matter was remanded back to the Rent Control Eviction Officer for fresh consideration.
(3.) After remand, the Rent Control and Eviction Officer as well as the Revisional Court have Found that the petitioners have abused the release order. Hence, the present writ petition.;