JUDGMENT

H. N. Seth, J. - Zahural Haq and Khurshnood Ali, who claim to be the sitting tenants of shop No. 25, Zalfagarganj, Bareilly have filed this writ petition under Article 226 of the Constitution praying that an order dated 13th January, 1972 passed by the Rent Control and Eviction Officer, Bareilly declaring the shop as vacant be quashed.

2. According to the petitioners, respondents Nos. 3 to 7 are the landlord of this shop. They made an application under section 3 of the Rent Control and Eviction Act for obtaining permission to file a suit for petitioners' ejectment. The Rent Control and Eviction Officer rejected the application and his order was ultimately upheld by the State Government. In an anxiety to increase their business, the petitioners entered into a partnership agreement with one Amar Nath Ahuja. This partnership was reduced to writing and was registered with the Registration Department. Taking advantage of this fact the landlords moved an application before the Rent Control and Eviction Officer, stating that the petitioners were voluntarily passing on the shop to out- siders and that this matter may be enquired into. The Rent Control and Eviction Officer thereupon