S.D. Agarwala, J. - (1.) This is a petition under Article 226 of the Constitution of India arising out of proceedings under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).
(2.) Jagdish, respondent No. 3, filed an application under section 21(l)(a) of the Act for release of the accommodation in dispute on the ground that he needs the same for his personal occupation. This release application was filed against both the petitioners, Dharam Das and Hira Lal.
(3.) The Prescribed Authority by his order dated 22nd July, 1981, dismissed the release application in so far as the petitioner Durga Das in concerned in its entirely' so far as Hira Lal, petitioner No. 2, is and one room was released in favour of the landlord. Aggrieved, two rent appeals were filed under section 22 of the Act, one by Jagdish, the landlord, and the other by Hira Lal, the tenant. Both the appeals came up for hearing before the 2nd Additional District Judge, Varanasi, who, by his judgment and order dated 19th August, 1985, dismissed the appeal filed by Hira Lal and allowed the appeal of Jagdish. The ultimate result was that the release application of the landlord was allowed both in respect of the petitioner no. 1, Durga Das as well as Hira Lal, petitioner No. 2. Both these petitioners have now challenged the order dated 19th August, 1985, in this court.;