ORDER :- On the findings recorded by the subordinate authorities, the short question for determination in this petition is whether the relationship of landlord and tenant can arise by conduct.

2. Admittedly, the shop was taken on rent by Sita Ram (petitioners elder brother) nearly 20 years ago who shifted to Dehra Dun within four or five years and established a separate business. The petitioner is in possession, is running the shop, is paying rent and has licence for running the shop in his name for the last 15 years. The landlord based his claim on the ground of sub-letting which was countered by the petitioner who claimed tenancy in himself. As the petitioner was a minor, the shop was taken in his elder brothers name.

3. After remand by the appellate court to record a finding whether the shop was sub-let to the petitioner and whether Sita Ram vacated the shop for good, the Prescribed Authority, once more, dismissed the application for release on the finding that subletting was not established. It was further found that the predecessor of the landlord (own brother) accepted the petitioner as tenant before Act XIII of 1972 was enforced and complete effects of Sita Ram had not been re

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