Judgment

RANGANATH MISRA, J.:- The appellant, who filed a writ application before the Allahabad High Court assailing the revisional order of the District Judge of Aligarh, is in appeal by special leave.

2. One Manzoor Hussain was admittedly the tenant of a premises located at Aligarh. He died in 1969 leaving behind a widow and three sons - Mohd. Azeem (the appellant), Mohd. Naim, Mohd. Nadeem and a daughter - Nuzhat. The widow and the sons and the daughter of Manzoor continued to live in the tenanted premises on payment of rent. It is the case of the appellant that being the eldest member of the family he was paying that rent. The Rent Control Inspector submitted a report on June 22, 1983, that Naim, appellants brother, had built a house four or five years before in Amir Nisan, a part of the city of Aligarh and, therefore, the tenancy must be deemed to have terminated in view of the provisions contained in section 12 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act for short). When notice was issued from the Court of the Rent Control and Eviction Officer, Aligarh, respondent 2 herein, the appellant entered contest by filing an affidavit to the ef