S.D.Agarwala, J. - (1.) This is a petition under Article 226 of the Constitution of India challenging the order of the 5th Additional District and Sessions Judge, Saharanpur dated 14th October, 1977. Petitioner No. 1 Beant Singh was the tenant of a shop situate in Saharanpur. Respondent 2, Kastori Lal Suri is the landlord of the premises. On 29th March, 1976 an application was made by the petitioner No. 2, Gurdial Singh for allotment of the shop in his favour. In the application it was stated that he had come into possession of the said shop on 26th Nov. 1972 and he has affixed furniture etc., in the said shop. On 14th April, 1976 the respondent No. 2, landlord moved an application for the release of the shop on the ground that Beant Singh had removed his assets from the said shop and he had allowed it to be occupied by Gurdial Singh, his brother and as such the shop should be deemed to be vacant under Section 12 of U. P. Act XIII of 1972.
(2.) On 19th April, 1976 a joint application was made by Beant Singh and Gurdial Singh under Section 14 of the Act for regularisation of their possession on the plea that they were in the tenancy of the shop with effect from 1-1-1972 with the consent of the landlord.
(3.) The District Supply Officer by his order dated 27th September, 1976 considered all these applications and thereafter, allowed the regularisation application moved oi; behalf of the petitioners. The landlord Kastori Lal Suri filed a revision against the order dated 27th Sept. 1976 before the District Judge, Saharanpur which came up for hearing before the 5th Additional District and Sessions Judge, Saharanpur who by his order dated 14th October, 1977 set aside the order dated 27-9-1976 and released the shop in question in favour of the respondent No. 2, the landlord. Aggrieved, the petitioners have filed the present petition in this Honble Court.;