1. By this judgment Special Appeal No. 499 of 1969 and the connected Special Appeal No. 343 of 1969 are being disposed of which have been filed against the judgment of the learned Single Judge date 27-3-1969. The learned Single Judge allowed the writ petition of Messrs Ganesh Das Ram Gopal (briefly stated as the appellant) in part.

2. The facts of the case, necessary for appreciation of the points involved, are as follows: The appellant admittedly is the owner of a building situate in Lucknow known as "Halwasia Court" Hazratganj, Lucknow. On 8-5-1962 the appellant filed an application under S.7 - B of the U. P. (Temporary) Control of Rent and Eviction Act, hereinafter referred to as the "Act" against Shamsher Bahadur the appellant of Special Appeal No. 343 of 1969 (briefly stated as the respondent). The appellant alleged in the application under S.7 - B