JUDGMENT

Thakker, J.-The present appeal is filed by the tenant of disputed shop ka situate in Kasba Rasra, Paragana Lakhaneshuwar, District Ballia, against the order of eviction passed by the Prescribed Authority under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act ), in Case No.29 of 1983, confirmed by the District Judge, Ballia in Rent Control Appeal No.4 of 1984 and also confirmed by High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 19160 of 1985.

2. To appreciate the controversy raised in the appeal, few relevant facts may be stated.

An application under Section 21 of the Act was filed by Dhanraji Devi and Jagdeo Shah, stating inter alia that applicant No.2 was the owner of the suit property and applicant No.1 was her husband. Applicant No.2 purchased the property but due to his old age got the sale deed executed in the name of applicant No.1. It was also stated that applicant No.2 constructed a shop and carried on cloth business in the said shop for some time. He had also cloth business at Calcutta and since it was not properly managed, he decided to go to Calcutta. He let the suit