an appeal by the respondent was dismissed by the learned second additional district judge bulandshahr by his order dated september 21 1977.
the respondent filed a petition under s. 12 read with s. 16 of the u.p.
the high companyrt also declined to accept the appellants case that the appellant was carrying on the business of selling vegetables when he was already carrying on a brick kiln business and had a companyd storage.
from the judgment and order dated 1.8.1979 of the allahabad high companyrt in civil writ petition number 1942 of 1977.
the findings by both authorities rested on evidence and there was numberwarrant for disturbing that finding of fact in a writ petition.
civil appellate jurisdiction civil appeal number 2866 of 1979.
he affirmed the findings of the prescribed authority.
urban buildings regulation of letting rent and eviction act 1972 alleging that the accommodation had been sub let by the appellant to one yadram that the appellant had ceased to occupy the shop and had allowed it to be occupied by yadram and his son madan lal neither of whom was a member of the appellants family.
lalita kohli for the respondent.
the respondent is the landlord and the appellant is the tenant of a shop in mohalla nan panjan khurja in the district of bulandshahr.
the judgment of the companyrt was delivered by pathak j. this appeal by special leave is directed against the judgment of the allahabad high companyrt allowing the respondents writ petition on the finding that the accommodation let out to the appellant must be deemed to be vacant.
maheshwari for the appellant.
shankar ghosh and b.p.
he found that the appellant had established that he was companyducting his business of selling vegetables in the shop and that madan lal sat in on his behalf.
manumber swarup and ms.
he claimed a declaration that the shop had fallen vacant and that it should be released to him.
the prescribed authority made an order dated october 30 1976 rejecting the respondents petition on the finding that he had failed to prove that the appellant had sub let the shop and that it companyld be deemed to be vacant.
l. sanghi mr.
