JUDGMENT

NATARAJAN, J. :— This appeal by special leave by a tenant is directed against the dismissal of Civil Misc. Writ No. 12204 of 1975 by the High Court of Allahabad.

2. The second respondent became the owner of a house bearing Municipal No. 140 (old No. 94-A) in Hewett Road, Allahabad under a gift deed executed in his favour by his mother in 1945. However, even in 1944, his father had leased the house to the appellant on a monthly rent of Rs. 30/- which after some years was raised to Rs. 35/-. The house is a three-storeyed building and the appellant was residing in the first and second floors and running a drug store belonging to his wife in the ground floor. Some years later the second respondents father leased out an adjacent building also to the appellant for being used for the drug store business.

3. In 1967 it became necessary for the second respondent to seek recovery of possession of the house because his elder brother, with whom he was living, asked him to find accommodation elsewhere. Therefore the second respondent applied for permission under Section 3 of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 (hereinafter referred to as the 1947 Rent Act) to the