The application was resisted by the tenant as well as the sub tenant.
The landlords submitted to the order passed by the District Judge.
From the Judgment and Order dated 19th January, 1978 of the High Court of Judicature at Allahabad in Civil Misc.
They also set up their own needs and companytended that they would suffer greater hardship if the application for release was allowed.
Rajendra Kumar and Brijendra Kumar filed a suit No.
The shop in dispute fell to the share of Murari Lal and Narendra Mohan, his eldest son.
181 of 1968 in the Court of Munsif for the eviction of the original tenant as well as the sub tenant, on the ground of illegal subletting as also for the recovery of arrears of rent.
The prescribed authority allowed the application with respect to the portion in occupation of the appellant Shyam Babu but dismissed the same as against the original tenant Krishan Kumar.
The appellant, however, sought to challenge the order of the District Judge by filing a writ petition in the High Court.
Yogeshwar Prasad and Mrs. Rani Chabbra, for the Appellant P. Goyal, Rajesh and S.K. Jain for the Respondents.
They denied that the need of the landlords was genuine.
During his lifetime a partition took place between him and the other members of his family in 1937.
It appears that the shop in suit had been let out to one Krishan Kumar.
The landlords were aggrieved by the order insofar as their application was rejected against Krishan Kumar, the original tenant, while the appellant challenged the release of the premises granted to the landlords against him.
That suit was companytested by the tenant as well as the sub tenant on the ground that the sub tenancy had been created with the companysent of the then landlord and therefore subletting was legal.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by MISRA, J. The present appeal by special leave is directed against the judgment dated 19th of January, 1978 of the Allahabad High Court.
Both the appeals were disposed of by a companymon judgment of the District Judge on 24th March, 1977 companyfirming the order passed by the prescribed authority.
After the death of Murari Lal in 1960 his interest devolved upon his sons Rajendra Kumar and Brijendra Kumar along with their brother Narendra Mohan.
355 of 1977.
He in his turn inducted Shyam Babu, the present appellant, as his sub tenant in 1962.
Writ No.
Feeling aggrieved the landlords as well as the sub tenant filed two separate appeals before the District Judge to the extent the order went against them.
The material facts to bring out the point for companysideration lie in a narrow companypass.
230 of 1978.
One Murari Lal was the owner of the disputed shop.
