Judgment

UNTAWALIA, J.:- There is building bearing No. 24/ 6. Tulsa Kothi, situated at the Mall in the City of Kanpur. The appellant in this appeal filed by certificate of the Allahabad High Court is the owner of the said building. He lives in the upper floor of the building with his son and other members of the family. There are two shops in the ground floor in which tenants had been inducted. One of the shops has come in possession of Raghunath Prasad Mehrotra, respondent No. 3 and his brother Kanahyalal Mehrotra who have been carrying on the business of Druggists and Chemists in the said shop as partners of the firm Pioneer Drug Stores. The other shop was in the tenancy of Bata Shoe Company Ltd. Since the said Company had taken another shop on rent sometime in the year 1961 it was about to vacate the shop in the building of the appellant. He, therefore, filed an application on 7-11-1961 before the Rent Control and Eviction Officer (for brevity, Rent Controller) with a copy to the District Magistrate, Kanpur under Rule 6 of the Control of Rent and Eviction Rules, 1949 framed under Section17 of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 -hereinafter called respecti