Hon’ble S.U. Khan, J.—Heard learned Counsel for the petitioner. No one appeared on behalf of Cantonment Board Cantt Kanpur respondent No. 2.

2. Property in dispute is a shop belonging to Cantonment Board Cantt, Kanpur. Abdul Rajjak father of petitioner and original respondents No. 4 to 7 was tenant of the shop in dispute. Cantonment Board Cantt, Kanpur initiated proceedings for eviction of Abdul Rajjak father of the petitioner, petitioner and A. Qayyum petitioner’s brother under Public Premises (Eviction of Unauthorized Occupants) Act, 1971, which was numbered as Case No. 1338 of 1986. Estate Officer, Cantonment Board Cantt, Kanpur allowed the case and directed eviction of Abdul Rajjak and others. Against the said order, only petitioner filed appeal, which was numbered as P.P. Appeal No. 39 of 1987. In the appeal, substitution application was filed on 13.11.1991 as Abdul Rajjak had died on 6.11.1991.

3. Appeal was filed by present petitioner Abdul Gaffar and he impleaded his father Abdul Rajjak as respondent No. 2 and Abdul Qayum another son of Abdul Rajjak as respondent No. 3. In the application dated 13.11.1991 filed by the petitioner, it was stated that as other four sons