- (1.) The petitioner, Ram Charan, is a tenant of an accommodation in Nadrai Gate, bazar Kasganj, Etah. The accommodation comprises one big hall and two small rooms at its back. The petitioner runs a flour mill in one room and grocery shop in the other. The passage to these two shops runs through the hall which has no partition wall. The petitioner pays a rent of Rs. 25.12 per month and has admittedly been carrying on this business in the premises in dispute for over 25 years.
(2.) The premises in dispute were previously owned by one Sri Shyam Swarup Chandak. The northern portion of the premises was purchased by one Sia Ram under a sale deed of January 12, 1962. The remaining portion towards the south was, a little later, purchased by Sia Ram's widowed mother Smt. Ganga Devi and his minor son Bhagwan Dass under a separate sale deed of April 28, 1962. Thus the building came to be owned in two portions by Sia Ram, his mother Smt. Ganga Devi and his son Bhagwan Dass.
(3.) Two separate applications for permission to eject the petitioner were filed under Section 3 of the U.P. (Temporary) Control of Rent and Eviction Act, one by Sia Ram and the other by his mother Smt. Ganga Devi for herself and on behalf of Bhagwan Dass, minor. The Rent Control and Eviction Officer, Etah rejected the application of Sia Ram but allowed that of Ganga Devi permitting her to eject the petitioner from the Southern portion of the house.;