S.R. Singh, J. - (1.) Both these petitions are knit together by reason of their stemming from common orders passed by the prescribed authority and the appellate authority in proceedings under Sections 21 (1) (a) and 21 (1A), of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (In short the U. P. Act No. 13 of 1972) in respect of House No. 3/236, Vishnupuri, Kanpur, and they were heard together.
(2.) Petitioner. F. U. Khan died during the pendency of the writ petition on 30.9.97 and his widow Salma Khan and son Salman Khan were ordered to be brought on record vide order dated 18.2.1998 passed on the substitution application filed by them. F. U. Khan was in occupation as a tenant of three rooms, store, garage, latrine, bathroom and a verandah, whereas the petitioner Shree Kant Tripathi is in occupation of two rooms, one Verandah, one kitchen and one bathroom besides a porch. Application for ejectment of the tenants aforestated and release of the accommodation in question was filed under Section 21 (1) (a) read with Section 21 (1A) of the U. P. Act No. 13 of 1972, by R. K. Chaturvedi, Hlrdey Kumar Chaturvedl, Anand Kumar Chaturvedi. Kamod Kumar Chaturvedi, sons of Damodar Das Chaturvedi. Smt. Beena Chaturvedi, widow of Harish Chandra and daughter of late Sri Darnodar Das Chaturvedi and Smt. Shobha Kumari wife of R. K. Chaturvedi, impleading Sri U. R. Chaturvedi, son of Sri Damodar Das Chaturvedi, as proforma--Opp. Party No. 3.
(3.) The release of accommodations in question was sought on the ground of bona fide need of K. K. Chaturvedi and Smt. Shobha Kumari, inter alia, with the allegation that Sri R. K. Chaturvedi. was superannuated from the service as Chief Engineer in the Irrigation Department, U. P. and during his service, he was provided with official residence at the places wherever he was posted and after his retirement he had to vacate the official residence and make temporary provision of staying with his brothers and sisters in the same house, though the accommodation available with them was neither-suitable nor sufficient enough to meet his requirements and he would suffer greater hardship if the accommodation in question was not released in his favour. The release was accordingly sought both under sub-section (1) (a) and sub-section (1A) of Section 21 of the Act. The tenements in question according to opposite party Nos. 3 to 8 were let out to the petitioners by late Damodar Das Chaturvedi who, was the L.L. of the house owned by Smt. Shobha Kumari and after his death his sons and daughters became landlords along with Smt. Shobha Kumari.;