PREM SINGH Vs. ADDITIONAL DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) This writ petition has been filed by Prem Singh, now deceased and represented by his heirs and LRs, assailing two orders of release, passed under Sec. 21(1)(a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (for short, 'the Act'), relating to two distinct tenements in House No. C/105/119, Tehsil Sadar, District Gorakhpur. The orders of release passed separately by the Prescribed Authority relating to both the tenements in House No. 105/119 (supra), for short, 'the house in question', have been affirmed in two separate appeals by the Appellate Authority, under Sec. 22 of the Act, both the appeals being preferred by Prem Singh.

(2.) The facts leading to this writ petition are these: Smt. Uma Shukla, mentioned in the cause title of the writ petition as Smt. Uma Devi Shukla, wife of Basant Shukla, instituted two separate proceedings under Sec. 21(1)(a) of the Act against two different tenants, occupying different parts of the house in question. P.A. Case No. 37 of 2013 was instituted by Smt. Uma Shukla (for short, 'the landlady') against Smt. Prabhawati Devi widow of the late Seeta, Shrawan and Gopal, both sons of the late Seeta, seeking release of the part of the house in question in their tenancy, on the ground of her bona fide need.

(3.) The tenement, that Smt. Prabhawati and her sons held, is described at the foot of the application giving rise to P.A. Case No. 37 of 2013. The boundaries given at the foot of the application show the tenement in the occupation of Smt. Prabhawati and her sons as that portion of the house in question, which was located to the east of the part of the said house that Prem Singh occupies, and has well defined boundaries, discernible from the application under reference.