JUDGMENT

N. P. SINGH, J.:- This appeal has been filed against an order dated 21-9-1992 passed by the Allahabad High Court on a Writ Petition filed on behalf of Respondent Nos. 5 to 7. By the impugned order, the High Court has quashed orders dated 13-8-1981 and 18-11-1981 passed by the Rent Controller declaring a vacancy under Section 12(2) read with Section 12(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).

2. The dispute is in respect of a shop bearing Municipal No. 24-34 situated at Mahatma Gandhi Marg, Civil Lines Market, Allahabad. In the year 1937, the shop was let out to late Sheobux Roy by the grand father of the appellant. The said Sheobux Roy started a business in the name and style of "M/s. B.N. Rama and Co." Sheobux Roy died on 3-2-1941 leaving behind five sons namely Khush Bakht Roy, Sant Bux Roy, Sampat Roy, Ganpat Roy and Sheopat Roy. In the year 1943, there was a family partition amongst the sons of Sheobux Roy and the shop in dispute fell to the share of Sampat Roy, Ganpat Roy and Sheopat Roy. The other two sons ceased to have any interest or concern with the shop in question. Sampat Roy, Ganpa