Hon’ble Anil Kumar, J.—Heard Sri Mohd. Arif Khan, Senior Advocate assisted by Sri Mohinuddin Khan, learned counsel for petitioners and Sri Subhash Vidyarthi, Advocate appearing on behalf of respondent Nos. 3 and 4.

2. Controversy in present case relates to a house situate in Mohalla Misterganj, Pargana and Tehsil, Biswan, District Sitapur owned by one Ramdin (now deceased), initially under tenancy of late Sumer Chandra Agarwal, father of petitioners thereafter with them on a monthly rent of Rs. 200/-.

3. Sri Ramdin filed an application under Section 21(1)(a) of U.P. Act No. XIII of 1972 for release of the house under the tenancy of the petitioners.

4. Petitioners/tenants contested the said application by filing objection on the ground that Ramdin has two sons namely Ram Swaroop and Girdhari and two daughters who are still alive, as such the substitution application moved by respondent Nos. 3 and 4 is not maintainable.

5. It has also been pleaded by the tenants that one of son of Ramdin namely Sri Ram Swaroop filed a Suit for declaration and permanent injunction in respect to the house in question under the tenancy of petitioners seeking a decree for declaration that alleged