JUDGMENT

1.THE PRESENT APPEAL IS FILED BY THE LANDLORDS AGAINST THE JUDGMENT AND ORDER PASSED BY THE HIGH COURT OF UTTARANCHAL ON SEPTEMBER 28, 2002 IN WRIT PETITION NO. 2067 (M/S) OF 2001. BY THE IMPUGNED ORDER, A SINGLE JUDGE OF THE HIGH COURT OF UTTARANCHAL REVERSED AN ORDER of eviction passed by the Additional District Judge III (FTC), Dehradun (Appellate Authority), dated May 25, 2001 in Rent Control Appeal No. 165 of 1995 and restored the order passed by the Prescribed Authority (First Additional Civil Judge, Senior Division), Dehradun dated November 18, 1995 in P.A. Case No. 53 of 1989 by which the application of the landlords for eviction of respondent-tenant came to be dismissed.

2. For appreciating the controversy in the present appeal, few relevant facts may be noted.

3. The appellants are landlords having Shop No.2 in Building No. 43 situated on Gandhi Road in the city of Dehradun. The respondents are heirs of one Prakash Chand. Initially, the property was let out to Prakash Chand, grandfather of the respondents who are heirs and legal representatives of said Prakash Chand. The tenancy was created in 1956 at a monthly rent of Rs.18.75 paise per month which was subsequently