Judgment

PATHAK, J.:- This appeal by special leave is directed against a judgment of the Allahabad High Court dismissing a tenants writ petition arising out of proceedings consequential upon an order of ejectment.

2. The bungalow, 16-D, Beli Road, Allahabad, was owned by Raj Kumar Sinha, father of the third respondent, Kailash Shanker Sinha. In February 1965, the bungalow was allotted to the appellant, Syed Asadullah Kazmi, and he was accordingly treated as the tenant of the premises. At the time, Raj Kumar Sinha, with his family, including the third respondent, occupied another house at 14-D, Beli Road, Allahabad. In October 1973, the third respondent applied for the release of the bungalow 16-D, Beli Road, Allahabad, now described as 26, B. K. Banerjee Road, Allahabad. The attempt failed. A fresh application was made in April, 1975. It was allowed by the Prescribed Authority on 24th May, 1976, after overruling an objection filed by the appellant. The appellant, appealed and the appellate authority by its order dated 25th March, 1977 modified the order of the Prescribed Authority inasmuch as a portion only of the building was released in favour of the third respondent and the appell