Sudhir Agarwal, J.

Heard Sri M.A. Qadeer, learned Senior Advocate, assisted by Sri Shamim Ahmad and Sri Anil Sharma, learned counsel appearing for respondents.

2. The dispute relates to residential house no. 25/514 (new no. 3/11), situate in Mohalla Ganpat Sarai, District Saharanpur. Respondent no.1 Shabbir Ahmad filed an application registered as P.A. Case No. 50 of 1996, under Section 21(1)(a) of Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, (hereinafter referred to as "the Act 1972"), before the Prescribed Authority/Judge, Small Causes Court, Saharanpur.

3. The case set up by respondent no.1 is that building in question is owned by him, and, in the tenancy of defendants Mohd. Anwar and Akhtar both sons of Mohd. Akbar. The tenancy commenced prior to 1975. The accommodation whereat respondent no.1 was residing along with family is highly insufficient and, therefore, the building in question is required for his personal use.

4. The application was contested by defendants, filing their separate written statements. The ownership of the plaintiff respondent no.1 and tenancy of defendant no.1, i.e. petitioner was not disputed. In the additional pleas, it w