- (1.) Heard Sri A.K. Gupta, Advocate, for petitioner-tenants, and Sri P.K. Jain, learned Senior Advocate for respondent-landlords. These two writ petitions have arisen out of two different proceedings under sections 20 and 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") but relates to the same accommodation which is under the tenancy of the petitioner-tenants.
(2.) Writ Petition No. 404 of 1988 has arisen out of the application filed by the respondent-landlords under section 21 of Act, 1972 registered as P.A. Case No. 118 of 1977. The said application was rejected by Prescribed Authority vide order dated 27.5.1983 where against the landlords filed Misc. Civil Appeal (R.C.) No. 44 of 1983 and the same was allowed by the Appellate Court, namely, 3rd Addl. District Judge, Agra vide judgment dated 10.12.1987. It has set aside Prescribed Authority's order dated 27.5.1983 and allowed landlords' application for release of accommodation in question. It is this appellate order which has been assailed in Writ Petition No. 404 of 1988.
(3.) In Writ Petition No. 5894 of 1994, landlords filed Misc. Suit No. 389 of 1974 in the Court of Judge, Small Causes, Agra on the ground of subletting of accommodation by tenant in question and also default in payment of rent. This suit was also dismissed by Trial Court vide judgment dated 15.3.1980 but has been reversed by the Revisional Court i.e., 10th Addl. District and Sessions Judge, Agra vide judgment dated 11.2.1994 passed in Civil Revision No. 150 of 1980. It is this judgment of Revisional Court which has been assailed in Writ Petition No. 5895 of 1994.;