JUDGMENT

T.S. Misra, J. - This petition under Article 226 of the Constitution arises in the following circumstances :

One Sri G.D. Datta father of opposite party No. 4 was the owner of two houses adjoining each other having Municipal numbers 407 and 408 respectively situated in Purana Qila, Lucknow. The petitioner is a tenant of house No. 407 on a monthly rental of Rs. 35/-. He occupied this premises in October, 1948. The adjoining house No. 408 is in the tenancy of Sri S. K. Bose. On the demise of Sri G.D. Dutta and his wife the opposite party No. 4 and his brothers and sister inherited the said properties. The opposite party No. 4 has been living in house No. 2 Krishna building Charbagh, Lucknow as tenant thereof on a monthly rent of Rs. 40/-. In January, 1964 an application is moved by the opposite party No. 4 under section 3 of the U.P. (Temporary) Control of Rent and Eviction Act III of 1947 for permission to file' a suit for eviction of the present petitioner Iqbal Narain Mohan from the premises No. Purana Qila and S.K. Bose from the premises No. 408 Purana Qila Lucknow on the ground that his brother Payodhi Kumar Dutta who was then working as an Assistant Superintendent LR.C.