Hon’ble Sunil Ambwani, J.—Heard Shri K.M. Garg, learned counsel for the petitioner-tenant. Shri Subodh Kumar appears for respondent-landlord.

2. The respondent-landlord has filed a caveat. Both the counsels were heard at the admission stage. Shri Subodh Kumar made a statement that he does not want to file counter affidavit. With the consent of parties, the matter was heard and is finally decided.

3. The petitioners are tenant of House No. 83/72A, Tiwari Gali, Chhatta Bazar, Mathura. Shri Dwarika Prasad Chaturvedi, the father of the respondent-landlord filed an application for release of the premises for bonafide need for use and occupation under Section 21 (1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short the Act), being Suit No. 26 of 1979, Dwarika Prasad v. Shyam Bihari Lal. The Prescribed Authority dismissed the suit on 7.12.1979. Shri Dwarika Prasad filed a Rent Control Appeal No. 42 of 1979, which was dismissed on 16.9.1981. He filed Writ Petition No. 15416 of 1981, which was dismissed on 29.10.1999.

4. The petitioner claiming to be son and coparcener in the Hindu coparcenary from birth, of which Shri Dwarika Prasad Chaturvedi i