JUDGMENT

SABYASACHI MUKHARJI, J.:— This application for leave to appeal under Art. 136 of the Constitution arises from the judgment and order of the High Court of Allahabad, dated 27th April, 1988. By the judgment under challenge the Division Bench by majority directed the Addl. City Magistrate or the Officer at present exercising the power of Distt. Magistrate under R. 10(9) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 to issue notice on all the five landlords mentioned in the petition within one week of the filing of the certified copy of the Order, and thereafter to make an Order in accordance with law and in the light of the observations made in the said judgment. The petitioner before the High Court, who is the petitioner herein also, was directed not to be dispossessed until disposal of the matter by the High Court.

2. This application is by the tenant petitioner. The premises in question had five co-owners, namely, Veeresh Saxena, R. C. Saxena, D. C. Saxena, Smt. Shanti Saxena and B. S. Saxena, respondent No. 3. Until January, 1978, Veeresh Saxena was in sole and exclusive actual physical possession of the shop and carried on business in