S.U. Khan, J. - (1.) Both these writ petitions have been filed by the tenants. Baburam is father and Kuldeep Kumar is his son. Property in dispute may either be described as a big shop or two shops of ordinary size interconnected with each other. The dimensions of total accommodation are about 11 feet 10 inches by 25 feet. On the direction of the Court both the parties have filed sketch map of the accommodation in dispute through supplementary affidavits. Sketch map annexed with supplementary affidavit dated 17.11.2005 filed by learned Counsel for the petitioner in second Writ Petition is taken to be the map of the accommodation in dispute for the purposes of both the writ petition. Learned Counsel for the landlady respondent stated that the said map was substantially correct. Towards north of the entire accommodation in dispute there is Abu Lane road and towards east a wide road is there which leads to Sardar Kabadi Bazar.
(2.) According to the tenants who are father and sons one shop was taken by the son Kuldeep or month rent of Rs. 250/- per month and the other shop was taken jointly by both the petitioners of the first writ petition i.e. father and son (Baburam and Kuldeep Kumar) and rent of the said shop was Rs. 200/- per month. It has also been stated by the petitioners that the wall in between the two shops was removed with the consent of the landlady respondent No. 2 and both the shops were converted into one shop. Landlady has taken up the case that since beginning it was one shop. This dispute need not be decided in these writ petitions. There is absolutely no conflict of interest in between the father and son, the tenants.
(3.) Landlady filed two release applications for the release of the entire accommodation in dispute on the ground of bonafide need under Section 21 of U.P. Act No. 13 of 1972. Release application being P.A. Case No. 7 of 1984 was filed against both the tenants. The other release application was filed against Kuldeep Kumar alone being P.A. Case No. 6 of 1984. Landlady in her release applications stated that she had six sons and three daughters and her eldest on Thakur Das was doing business alongwith her husband. The need set up was for three of her sons, Raj Kumar, Krishna Gopal and Suresh Kumar. Prescribed Authority through judgment and order dated 23.5.1985, dismissed both the release applications against which landlady respondent filed two appeals being Civil Misc. Appeal No. 170 and 171 of 1985. XI Additional District Judge, Meerut through judgment and order dated 21.9.1988, allowed both the appeals and released both the shops. These writ petitions are directed against the aforesaid judgments and orders of the appellate Court.;