Anjani Kumar, J. - (1.) These two writ petitions, namely, Writ Petition Nos. 34176 of 2000 and 34178 of 2000 filed by Sri S. B. BhardwaJ (since deceased) and now represented through his legal heirs and Sri R. S. Misra challenging the common orders passed by the Prescribed Authority as well as by the appellate authority under the provision of U. P. Act No. 13 of 1972, since raise common question of facts and law, thus being disposed of by this judgment together.
(2.) The facts leading to the filing of present writ petition being Writ Petition No. 34176 of 2000 are that respondent Nos. 2 and 3. In both the petitions, who were admittedly residing in house No. 13/152, Parmat, Kanpur, purchased premises No. 112/329, Swaroop Nagar, Kanpur, which had four tenants in different co-tenements, filed an application against all the four tenants for the release of the accommodation in respect of tenancy of all the co-tenements Including the petitioners under Section 21 (1) (a) of U. P. Act No. 13 of 1972 (hereinafter shall be referred to as the 'Act') on the ground as would be clear from the perusal of the application, which has been annexed as Annexure-1 to this writ petition, which is almost verbatim copy of the other application and I am told that similar applications were also filed against two other tenants, wherein the need has been set up that the landlord requires at least seven rooms. All the four applications since relate to the same building in which all the co-tenements were residing, the Prescribed Authority consolidated all the four applications as the same set of evidence have been led by the landlord and almost same set of evidence was led by the defendants qua their individual status and personally. Two applications filed against Rajan Malia and Smt. C. K. Kohli were allowed by the Prescribed Authority, whereas two applications filed against R. S. Misra and S. B. Bhardwaj were rejected by the Prescribed Authority.
(3.) It is submitted that four appeals were filed by all the four tenants being Rent Appeal No. 133 of 1996, Rajan Malia v. Udai Narayan Misra and Ors., which arises out of the Prescribed Authority Rent Case No. 173 of 1987, Vdai Narayan and Ors. v. Rajan Malia ; second Kent Appeal No. 134 of 1996, Smt. C. K. Kohli v. Vdai Narayan Misra and Ors. arises out of Rent Case No. 104 of 1986, Vdai Narayan Misra and Ors. v. C. K. Kohli ; third Rent Appeal No. .141 of 1996. Vdai Narayan Misra and Ors. v. R. S. Misra arises out of Rent Case No. 1999 of 1985. Vdai Narayan Misra and Ors. v. R. S. Misra and the fourth Rent Appeal No. 166 of 1996. Vdai Narayan Misra and Ors. v. S. B. BhardwaJ arises out of Rent Case No. 200 of 1985, Vday Narayan Misra and Ors. v. S. B. Bhardwaj. The appellate authority consolidated and heard all the four appeals together and has allowed two rent appeals being Rent Appeal Nos. 133 of 1996 and 134 of 1996 and also rejected two appeals being Appeal Nos. 141 of 1996 and 166 of 1996.;