B. N. Sapru, J. - (1.) THAKUR Deen is the petitioner in Writ Petition No. 14358 of 1981 while Smt. Mithlesh Kumari and her sons and daughters are the petitioners in writ petition No. 14356 of 1981.
(2.) BOTH the petitioners are the tenants of Smt. Herodevi, the respondent no. 1 in both the writ petitions, who is the owner of House no. 32/14, Chawal Mandi, Kanpur. Thakur Deen came into occupation of the accommodation by virtue of an allotment order passed in the year 1950 while the husband of Smt. Mithlesh Kumari, Sri Shekharnath Shukla, was a tenant in the building in dispute from the year 1938 and continued as such until he died on 6-6-1980 and after his death the petitioners in the writ petition became the tenants by operation of law. Smt. Herodevi has admittedly in her possession two living rooms plus other auxiliary rooms. Thakur Deen has one living room in his possession in the second floor of the house while Smt. Mithlesh Kumari and others have two rooms alongwith auxiliary rooms in her possession.
(3.) IN support of her application under section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, (hereinafter referred to as the Act), Smt. Herodevi stated that she had a large family comprising of herself, her husband and four sons. According to her, three sons had been married and the fourth son, namely, Ram Behari is also to be married. I am informed at the Bar by the counsel for Smt. Herodevi that the marriage of Ram Behari is to take place on 9-5-1984 and this is not controverted by Sri Jagdish Swarup, the learned counsel for the petitioner.;