- (1.) A. K. Yog, J. This writ petition arises out of the proceedings under U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U. P. Act No. XIII of 1972 (for short called 'the Act' ).
(2.) THE facts of the case, in short, areas hereunder. House Nos. 804-A, 805,806 and 807 (commonly known as 'snow View Hotel') situate at Ranikhet (district Almora) in the State of U. P. (for short called the 'premises') is the subject of the present proceedings. One Trilochan Chand Joshi was the owner-cum-landlord of the 'premises' and after his death Jeevan Chand Joshi and eight others (Respondent Nos. 2 to 9) stepped into his shoes as his heirs/and legal representatives, called the 'landlords'. The premises were let out to one Devi Prasad Agarwal for running a lodging house, called the 'tenant'. The landlords filed an application under Section 16 read with Sections 12 and 25 of the Act (registered as Case No. 4 of 1995-1996) before the Court of Delegated Authority, Rahikhel-Annexure- 1 to the writ petition, on the ground tenant had sublet the premises to- (i) Bhuwan Chand Visht, (ii) Vijay Kumar Agrawal, (iii) P. O. Joshi/mamta Chaudhary, and (iv) Bimsen, who were living in their respective portions for the last several years on regular/permanent basis without landlords' consent, consequently there is vacancy on the ground of sub-letting as contemplated under the Act.
(3.) DEVI Prasad Agrawal (tenant) filed objections dated 25th October, 1996 (An-nexure-2 to the writ petition) denying the allegations in the release application. During pendency of the release application, Devi Prasad Agrawal died on 6th August, 1998. His two sons (namely Pradeep Agrawal and Kuldeep Agrawal-Respondent Nos. 10 and 11) were sub stituted as his heirs and legal repre sentatives.;