Judgment

GOSWAMI, J. :- This appeal by special leave is by the tenant (to be described hereinafter as the appellant) and is directed against the judgment of the High Court of Allahabad in a writ petition at his instance which was dismissed. The District Judge, Dehradun, who had earlier dismissed his appeal, has been impleaded as respondent No. 1.

2. The facts may briefly be stated :

The appellant is admittedly the tenant under the 2nd respondent (to be described hereinafter as the respondent) in respect of two rooms of House No. 11, Raipur Road, Dehradun. This house has four rooms of which only two rooms are in occupation of the appellant. The other two rooms are in occupation of the respondent whose two sons stay there; the elder one living with his wife. The respondent is an old lady with an ailing husband and wants to have vacant possession of the two rooms so that the entire family can reside at the same place. With that end in view, on June 22, 1972, the respondent filed an application under Section 3 of the United Provinces (Temporary) Control of Rent and Eviction Act, 1947 (U. P. Act No. III of 1947) for permission to bring a suit against the appellant for his eviction on the g