S.U.Khan, J. - (1.) Heard learned Counsel for both the parties. All substitution applications in both the writ petitions are allowed.
(2.) Both the writ petitions have been filed by the tenants against the landlords in respect of the same property.
(3.) Initially Abdul Sattar was the tenant who died leaving behind several legal representatives. Shri Abdul Aziz and Smt. Zohra - husband and wife were originally landlords. They filed SCC suit No. 763 of 1980 against Abdul Razzak one of the sons of original tenant Abdul Sattar. In the suit eviction was sought on several grounds including the ground of sub-letting. It was alleged that Abdul Razzak had sub-let the tenanted house to Abdul Majeed who was real brother of Abdul Razzak. Suit was dismissed on 15.4.1983 holding that there was not subtenancy. Said judgment and decree was not challenged. Thereafter in 1984-85 original owners landlords Abdul Aziz and Smt. Zohra transferred the house in dispute to Jamil Ahmad. Information of the said transfer was given by the transferor and transferee both to some of the heirs of Abdul Sattar. Thereafter the new purchasers filed release application before Rent Control and Eviction Officer under Section 16 of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 stating therein that Mohd. Nasir the tenant had sub let the property in dispute to Aslam hence there was vacancy. Application was filed on 30.12.1986. RC and EO/City Magistrate, Kanpur through order dated 25.5.1988 declared the house in dispute to be vacant. The said order was passed in Case No. 3 of 1987, Jamil Ahmad v. Aslam . Said order has been challenged through the first writ petition. Before RC and EO earlier judgment of 1983 was also filed.;