MUNAWAR ALI; MALTI DEVI Vs. DISTRICT JUDGE SHAHJAHANPUR

JUDGEMENT

(1.) A. K. Yog, J. Proceedings under Section 21 (l) (a) and (b) under U. P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, (U. P. Act No. 13 of 1972) (for short 'the Act') were initiated by one Ghanshyam Das Gupta against Munawar Ali and Umer Ali being tenants of one of his shops and against Sumer Chand tenant of another shop on the ground that the accommodation in tenan cy of the said persons was in a dilapidated condition which required demolition and reconstruction. The landlord, Respondent No. 3, also claimed release of the accom modation on the ground that he required these accommodations (two shops) for settling his sons and, as such, it was bona fide required for his personal use and that by denying release of the accommodation in question landlord will suffer more hardship as compared to that of the tenants. The said release application under Section 21 (l) (a) and (b) of the Act was registered as case No. 35 of 1982.

(2.) MUNAWAR Ali and Umer Ali (Op posite Parties No. 1 and 2) in the release application filed their written statement with respect to the shop in their tenancy. Another written statement with respect to the other tenancy was filed by Smt. Malti Devi (widow of Sumer Chand-Opposite Party No. 3 in the release application) (Anrexure-1 to petition) in this case.

(3.) SMT. Malti Devi filed Writ Petition No. 10442 of 1987 which was admitted and ad interim order was granted by this Court on May 22-1987, whereby her eviction was stayed. Writ petition No. 22805 of 1988 was filed subsequently in this Court and the same was also admitted and connected with earlier writ petition vide this Court's order dated 24-11-1988. Under aforesaid circumstances, both writ petitions have been listed together for hearing. Both writ petitions are being decided by means of present judgment, as the facts, necessary for deciding both writ petitions, are identi cal. Both the writ petitions arise from one and same judgment passed by the Appel late Authority.