Heirs to the original tenant succeed as joint tenants, and release orders become final against all joint tenants.

MUKTESHWAR PRASAD, J.

( 1 ) THIS is tenants petition under Article 226 of the Constitution of India. The petitioner has prayed for issuing a writ of certiorari quashing the order dated 12. 9. 2002, passed by the respondent No. 4 in Rent Appeal No. 27 of 2002 (Annexure-1) and judgment and order dated 3. 2. 2001, passed by the respondent No. 5 in Rent Case No. 45 of 2000 (Annexure- 2 to the writ petition.

( 2 ) COUNTER and rejoinder- affidavits have been exchanged between the parties and are on record.

( 3 ) WITH the consent of the learned counsel for the parties, this petition is being disposed of finally at this stage.

( 4 ) THE dispute relates to House No. 18/41-42 Kursawan, Kanpur, owned by respondent No. 1. Admittedly, respondent No. 1 let out the disputed house having three stories to Ram Das, father of the petitioner on a monthly rent of Rs. 200 excluding taxes. The landlord had one small room, latrine and bathroom on the ground floor and one room, kitchen and bathroom at first floor in his possession. The landlord was a teacher in a local intermediate college and had retired. The remaining portion of the house was in possession of original tenant Ram Das who expired and tenancy was inherited by his three sons Kishore Seth (petitioner), Om Prakash Seth and Ashok seth. An application for release of a portion of the accommodation in possession of tenant was filed by the landlord under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, rent and Eviction) Act, 1972 (hereinafter referred to as the Act) on the ground that accommodation in possession of the landlord was too short to accommodate his all members of family. It was also alleged that the petitioner had been living in Lal Bungala, Kanpur and was occupying a residential accommodation. It is noteworthy that no relief in respect of the portion in possession of the petitioner was sought in the application.

( 5 ) THE respondent Nos. 2 and 3 filed a joint written statement admitting themselves to be the tenants of respondent No. 1, but the need of the landlord was not bona fide and application was liable to be dismissed. The parties filed their affidavits.

( 6 ) AFTER having heard learned counsel for the parties, and considering the entire material on record, learned prescribed authority- found that accommodation in possession of the landlord was inadequate to meet his requirement and as such, the application was allowed.

( 7 ) THE respondent Nos. 2 and 3 filed no appeal against the judgment and order passed by the prescribed authority.

( 8 ) THE petitioner filed a miscellaneous appeal in the Court of District Judge, Kanpur Nagar along with an application for condonation of delay in filing the appeal. The appellate court rejected the application for condonation of delay and appeal was dismissed on the ground that it was barred by time.

( 9 ) A Writ Petition No. 7242 of 2002 was filed by the petitioner in this Court, which was allowed on 20. 2. 2002 and appellate authority was directed to decide the appeal on merits treating the same to be within time.

( 10 ) THE petitioner filed Rent Appeal No. 27 of 2002, which was dismissed on 12. 9. 2002 and order passed by the prescribed authority was affirmed. Hence this petition.

( 11 ) I have heard Sri Kushal Kant, learned counsel for the tenant- petitioner and Sri S. D. Singh, learned counsel for landlord-respondent No. 1. I have also gone through the material on record carefully.

( 12 ) LEARNED counsel for the petitioner has assailed the impugned order mainly on the grounds that admittedly, late Ram Das Seth was the original tenant in the premises in dispute and after his death, his three sons, Kishore Seth (petitioner), Om Prakash Seth and Ashok Seth inherited the tenancy. The petitioner was admittedly occupying some portion of the premises on the ground floor as well on the first floor. However, he was not made a party in the release application along with his two brothers and the prescribed authority allowed the

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