JUDGMENT

Syed Shah Mohammed Quadri, J.- These appeals arise from the common judgment of the High Court of judicature at Allahabad in Civil Miscellaneous Writ Petition Nos. 3951 & 7273 of 1982 passed on October 16, 1997.

2. The petitioner in the first-mentioned writ petition is the son of the petitioner in the second-mentioned writ petition. In the writ petitions, they impugned the order of allotment of Shop No. 123-A, Madras Gate, Aligarh, (hereinafter referred to as the shop ) in favour of the appellant, made by the Rent Control and Eviction Officer, Aligarh (Respondent No. 3) on November 19, 1981 and confirmed by the IInd Additional District Judge, Aligarh (Respondent No. 2) by his order dated April 1, 1982. the High Court allowed the writ petitions and quashed the said orders of respondent Nos. 2 and 3.

3. The facts giving rise to these appeals are briefly set out here. One Bishan Sarup Gupta was the owner of the shop which was in the occupation of the tenant-Gulab Chand Jain. Dinesh Kumar (respondent No.1) with the connivance of the then tenant filed an application for permission to carry on business in partnership in the shop under Rule 10 (6) of the Uttar Pradesh Urban Building