JUDGMENT

S.C. Mathur, J. - This petition pertains to declaration of vacancy u/s 12(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act No. XIII of 1972 in respect of non-residential accommodation and its subsequent release in favour of the owners. The fact about which either there is no dispute between the parties or stand proved may first be stated.

2. Admittedly opposite parties 3 and 4 Radhe Lal and Smt. Kaushalya are landlord and landlady of the shop in dispute. Again admittedly the Petitioner Hakeem Agha Mohd. Afsar Shirazi was the tenant of the said shop on behalf of opposite parties 3 and 4. The Petitioner carried on his profession of a Hakeem in the said premises. On 16-5-78 Annexure No. 1, opposite parties 3 and 4 moved an application before the District Supply Officer, Rent Control, Lucknow, opposite-party No. 1 u/s 16(1) for the release of the shop in their favour. In this application it was stated that the Petitioner had taken up a shop on rent at Hathipur District Lakhimpur Kheri and had "substantially removed" his effects from the said shop to the tenanted shop at Lakhimpur Kheri five days ago. Again it was stated in paragraph 5 that the sho