Hon’ble Sudhir Agarwal, J.—Heard Sri P.N. Saxena, Senior Advocate, assisted by Sri Som Narain, Advocate for the petitioners and Sri Tarun Agarwal, Advocate for the respondent.

2. The dispute relates to a shop situated at Dal Mandi, Meerut Cant whereof the petitioners are tenants and the respondent is the landlord. The petitioner No. 2, Jugal Kishore, is proprietor of petitioner No. 1 M/s Kanhayia Mal Kasturi Lal, a proprietorship firm. He died during pendency of the present writ petition and has been substituted by his legal heirs.

3. The writ petition is directed against the Judgment and order dated 9.5.2001 (Annexure 14 to the writ petition) passed by the 13th Additional District Judge, Meerut allowing Appeal No. 29 of 1998 of respondent-landlord and setting aside Judgment and order dated 18.12.1997 passed by the Prescribed Authority.

4. The respondent-landlord filed an application, i.e., P.A. Case No. 140 of 1991 under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the ‘Act 1972’) stating that he alongwith his father Kailash Chand and brother Sri Narain Prasad has been running a business in th