(1.) Heard Sri P.K. Sinha, learned counsel for the petitioner and Sri A.K. Gupta, learned counsel appearing for all the respondents in Writ Petition No. 6307 of 2010 and for respondents No. 1/1 to 1/5 in Writ Petition No. 13936 of 2010. Both these matters involve common question of fact and law and therefore have been heard together and are being decided by this common judgment.
(2.) The dispute relates to House No. 88/346, Humayun Bagh, Chamanganj, Kanpur Nagar consisting of two rooms, verandah, kitchen, store room and latrine situated on the ground floor of the said building. The petitioner was the sole defendant impleaded in the said application. The application was registered as rent case No. 58 of 2007. The said application was allowed by Prescribed Authority vide judgment and order dated 16.5.2009 (Annexure 3 to the writ petition) and the rent appeal No. 57 of 2009 filed by the petitioner has been dismissed by appellate Court i.e. Additional District Judge, Court No. 10, Kanpur vide judgment dated 17.12.2009. The writ petition No. 6307 of 2010 (hereinafter referred to as "first petition") has arisen out of these two orders passed in the proceedings initiated under Section 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972").
(3.) The Writ Petition No. 13936 of 2010 (hereinafter referred to as "second petition") also relates to the same accommodation. However, the proceedings herein have arisen out of SCC Suit No. 1147 of 1981 initiated by Sri Rahmat Ullah Khan (now deceased and substituted by his legal heirs i.e. the respondents). The suit for eviction was filed against Smt. Bismillah Begum, mother of petitioner, who has now been substituted after the death of her mother on the ground of default in payment of rent. The eviction suit was filed under Section 20(2)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") by determining tenancy in respect to the accommodation in question. It was decreed by trial Court i.e. Small Cause Court, Kanpur Nagar vide judgment dated 28.4.2008 and its revision has been dismissed by revisional Court vide judgment dated 17.12.2009.
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