JUDGMENT

B.R. GAVAI, J.

1. Leave granted.

2. This appeal challenges the judgment and order dated 26.10.2017 passed by the learned single judge of the High Court of Uttarakhand at Nainital in Writ Petition No.1074 of 2008 (M/S) thereby, allowing the writ petition filed by the respondent Nos. 1 and 2 – landlords herein.

3. The facts, in brief, necessary for adjudication of the present appeal are thus:

Rashid Ahmed, the father of the present appellant, was the original tenant of House No.61/8, Ground Floor, Green Pasture View, Landhour Bazar, Mussoorie (hereinafter referred to as “the suit premises” or “the premises”) since 1965. The respondents had purchased the suit premises from the original landlord Sudesh Kumar Singhal in the year 1998 and, as such, became the tenant ­ Rashid Ahmed’s landlord from 1998. The respondents – landlord moved an application before the Rent Controller and Eviction Officer, Mussoorie on 10.6.1999, contending therein, that Rashid Ahmed had sub­let the property to some other persons who were not the family members of the tenant. As such, they prayed for declaration of vacancy under the provisions of Section 16(1)(b) of U.P. Urban Buildings (Regulation of Lettin