Sudhir Agarwal, J.:—

1. Heard Sri Lal Babu Lal, learned counsel for petitioners and Sri P.N. Srivastava, learned counsel for respondents.

2. Petitioner-landlord filed application i.e. P.A. Case No. 89 of 1986 before the Prescribed Authority/Second Addl. Civil Judge, Varanasi seeking release of House No. K 46/108-A, Harteerath, Varanasi to the extent of the accommodation on its western side consisting of one Dalan, Latrine and Bathroom and the first floor consisting of four rooms and open roof on the ground of personal need. The aforesaid house is said to be the ancestral property of petitioners. Sri Chhannu Lal (now deceased) is the father and Sri Babbu and Sri Mahesh Prasad, petitioners no. 2 and 3 are his sons. Respondents 3 and 4 (now deceased and have been substituted by the legal heirs) were the tenants in the said premises. The application was partly allowed by Prescribed Authority vide order dated 14.9.1988 by releasing the accommodation on the ground floor but in respect to the accommodation on the first floor, it was rejected. Two appeals were filed, namely, Rent Appeal No. 232 of 1988 by petitioner-landlords and Rent Appeal No. 241 of 1988 by respondent no. 3 i.e. the tenan

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