RAM BHAROSEY LAL Vs. INDIAN CITY PROPERTIES LTD

JUDGEMENT

(1.) Heard Sri P.K. Jain, learned Senior Advocate assisted by Mr. Komal Mehrotra, Advocate for petitioners and Miss Manisha Ambwani, Advocate holding brief on behalf of Sri Vipin Sinha, learned counsel for respondent No. 1. Both these writ petitions involve common questions of law and facts, therefore, as requested and agreed by learned counsel for the parties, the same are being decided by this common judgment under the Rules of the Court.

(2.) Both these writ petitions have arisen out of the Prescribed Authority's order dated 29.10.1998 whereby it has allowed release applications of respondent No. 1, namely, M/s. Indian City Properties Limited in Rent Cases No. 50/1987 and 54/1987 filed under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972") and the appellate judgment dated 3.10.2001 passed by Additional District Judge, Kanpur Nagar dismissing Rent Appeals No. 206 of 1998 and 207 of 1998, preferred by petitioners.

(3.) The facts, in brief, relevant for adjudication in the case in hand are that respondent No. 1, a Public Limited Company, owned a building, i.e., "Thaper House", Municipal No. 26/41-42-43 situated at Kasturba Gandhi Marg (earlier known as Birhana Road), Kanpur. It is a three story building occupied by different tenants as detailed in para 2 of applications filed by landlord before Prescribed Authority.