O.P.Srivastava, J. - (1.) The above noted two writ petitions arise out of the same proceedings under Section 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act"), initiated by the landlord Prakash Chandra Darbari against the his tenant M/S Remington Rand of India Limited for the release of the shop in its tenancy, inter-alia. on the ground that the landlord was running his business in an unauthorized shop and he was constantly being asked by the relevant authorities for demolition of the said unauthorized constructions and also that the tenanted shop was needed for running the business by the landlord" son, and daughter.
(2.) The release application was contested by the tenant. After the parties adduced their evidence and the Court obtained Commissioner's report also, the Prescribed Authority directed the release of the part of the shop in favour of the landlord. In respect of the remaining portion of the shop, the prayer of the landlord was turned down. The judgment of the Prescribed Authority was affirmed in appeal by the learned Additional District Judge. Not satisfied by the judgments and orders of the Courts below, both the landlord and that tenant have come up before this Court in the aforesaid writ petitions. The tenant has preferred the Writ Petition No. 9336 of 1999 while writ petition No. 17896 of 2000 has been filed by the landlord.
(3.) I have heard Sri Rajesh Tandon, learned Senior Counsel assisted by Ms. Rama Goel as well as Sri M.K. Pandey, holding the brief of Sri Ravi Kant and have also gone through the record.;