JUDGMENT

FAZAL ALI, J.:— We would first take up Civil Appeal No. 379 of 1980 which is directed against an Order dated March 28, 1979# passed by the Allahabad High Court dismissing the writ petition of the appellant and arises in the following circumstances.

#Reported in (1980) 1 Ren CJ 126 (All).

2. The appellant owns a house bearing No. 113. Amroha Gate, Fruit Market, Moradabad in a portion of which he had inducted respondent No. 3 (Vishwa Nath Kapoor) as a tenant while retaining some portion for himself, when he (appellant) was serving as a Judicial Officer in the State of Uttar Pradesh. In the year 1968. the appellant retired as a District Judge as a result of which he had to vacate his official residence, which necessitated the present eviction proceedings against respondent No. 3. The application for eviction was filed on 2-1-1973 under Section 21(1)(b) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 1972 Act) in which the appellant prayed that the portion occupied by respondent No. 3 may be released on the ground of personal requirement as after retirement he wanted to occupy the entire house. The appella