Judgment

VENKATACHALIAH, J. :- This appeal, by special leave, is by the landlord preferred against the judgment and order dated 28-3-1980 by the High Court of Judicature at Allahabad in Civil Misc. Writ No. 2280 of 1979* setting aside, at the instance of the first respondent-tenant, the concurrent orders of the Courts below granting possession to the appellant.

* Reported in 1980 All Rent Cas 381 : 1980 UPLT NOC 143.

2. The first respondent was a tenant Of two adjacent shops, under a single lease, obtained from two co-owners Shri Jado Ram and Asha Ram who had respectively 3/8th and 5/8th shares in the property. Appellant, Mohar Singh became the transferee of the 3/8th share of Jadoram. Similarly, Asha Ram 5/8th interest came to be transferred through an. intermediary alienation to a certain Gyan Chand. Pursuant to a decree in a civil suit for partition between Gyan Chand and the appellant, the co-ownership came to an end and towards his share appellant was allotted, and became the exclusive owner of one of the shops. That is the subject-matter of the present proceedings.

3. Appellant instituted proceedings for eviction against respondent 1 under S. 21, U.P. Act, XIII of 1972, before th