JUDGMENT Hon'ble Ran Vijai Singh, J. Sri Tarun Verma has filed caveat on behalf of respondents no. 1 to 8. He states that after the delivery of the Appellate court's judgment respondent no. 7 has died. 2. Sri A.N.Bhargava learned counsel appearing for the petitioner has submitted that the court below has recorded wrong findings with respect to the purchase of the house from Joint Hindu Family Fund. In his submissions, there is no such recital in the sale deed that the property has been purchased from the Joint Hindu Family Fund for the benefit of all the members of Hindu Joint Family therefore in view of Benami Transaction Ban Act this plea is barred. He has further submitted that the need of Sri Sanjai Kumar has vanished as he has obtained an alternative accommodation on rent during the pendency of the litigation and so far as the need of respondent nos. 5 and 6 is concerned that cannot be taken into consideration, in view of Section 3 (g) of the Act No. 13 of 1972. 3. Refuting the submission of learned counsel for the petitioner, Sri Tarun Verma, learned counsel for the respondents has submitted that merely because the landlord has obtained a shop on rent for his livelihood will not preclude the respondent-landlord to pursue the release application and it cannot be said that his need has vanished. The landlord cannot be compelled to have a shop on rent. 4. Matter requires consideration. 5. Issue notice. 6. Sri Tarun Verma has accepted notice on behalf of all the respondents. He prays for and is granted three weeks' time for filing counter affidavit. Rejoinder affidavit if any may be filed two weeks thereafter. 7. List this case after expiry of six weeks. 8. As an interim measure without prejudice to the right and contention of the parties, the eviction of the petitioner from shop in dispute shall remain stayed provided petitioners pay Rs. 3500/- per month as rent w.e.f. January, 2010. The rent for the month of January be deposited by 15th February, 2010 and thereafter the tenant shall continue to deposit the rent by 10th day of each succeeding month. In case of default, the interim order granted by this Court shall stand vacated. 9. 3500/- per month as rent w.e.f. January, 2010. The rent for the month of January be deposited by 15th February, 2010 and thereafter the tenant shall continue to deposit the rent by 10th day of each succeeding month. In case of default, the interim order granted by this Court shall stand vacated. 9. The rent has been enhanced looking into the situation of the shop in the posh locality of Gorakhpur City and the area occupied by the petitioner.