Hon’ble Rakesh Tiwari, J.—Heard Counsel for the parties and perused the record.

BACKDROP OF THE CASE

2. Property in dispute pertains to house No. 16 M.G. Marg, Allahabad, (earlier house No. 14 Canning Road). The premises was lent to Mr. George Henery Barnett in 1929 for business as well as for residential purpose. He started Hotel business with his wife in the name of Hotel ‘Barnetts’ in the aforesaid premises. The ‘Barnetts’ left India for finally settling in Britain near about the independence in 1947.

3. It was then jointly allotted in favour of Sri N.S. Dutta and Smt. Nirmala Verma by the City Magistrate Allahabad on 25.4.1947 (hereinafter referred to as ‘the allottee-tenants) in exercise of power under Section 7(2) of Temporary (Control of Rent and Eviction) Act, 1947 (Act No. III of 1947) at a monthly rent of Rs. 643.72 P. The allottees carried on the Hotel business of the Barnetts under partnership in the name of ‘Barnett Hotel’’ after acquiring the entire stock in trade of aforesaid Hotel Barnett from Mr. George Henery Barnett.

4. Sri Brij Mohan Tandon, the landlord-respondent No. 4 in the writ petition filed a release application in 1978 under Section 21 (1)(a) of the