MAHENDRA DAYAL,J. - (1.) I have heard Shri Mohd. Arif Khan, learned Senior Advocate assisted by Shri Mohammad Aslam Khan, learned counsel for the petitioners and Shri Umesh Kumar Srivastava, learned counsel appearing for the contesting-respondents and perused the record.
(2.) The petitioners, by means of this writ petition under Article 227 of the Constitution of India, have prayed for setting aside the order dated 08.01.2018, passed by the Additional District Judge, Court No. 1, Barabanki in Rent Control Appeal No. 07 of 2012, whereby the application of the petitioners for transposition, has been rejected.
(3.) The facts in brief are that the respondents No. 7 and 8 along with Smt. Savitri Devi (since deceased) substituted by the respondent No. 6, filed an application for release under Section 21 of the U.P. Act No. 13 of 1972 against Mohan Lal, the deceased father of the respondent No. 3 for release of Shop No. 506/538/496 situated in Mohalla Main Market, Nawabganj, District Barabanki on the ground that Smt. Bhagwan Dei wife of Shri Krishna died six years back leaving behind them as her legal heirs and representatives. It was also stated in the release application that Mohan Lal was the tenant, but for the last several years, he had inducted his real brother Madan Mohan Gupta and he was carrying business from the shop and Mohan Lal had no concern with the shops in question and that he had shifted to another shop situated in Rani Market. It was also pleaded that Mohan Lal, the original tenant had sublet the shop to his brother and as such he had no right to retain the same. The shop in question was also said to be in dilapidated condition.;