JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. These appeals are directed against the final judgment and orders dated 03.10.2017 in Recall Application No.871 of 2017 in W.P.(MS) No.396 of 2016 and dated 17.07.2017 in W.P.(MS) No.396 of 2016 passed by the High Court of Uttarakhand at Nainital.

3. In order to appreciate the short controversy involved in these appeals, few relevant facts need mention infra.

4. The appellant is the "opposite party" whereas the respondent is the "applicant" in the original application out of which these appeals arise.

5. The respondent (applicant) is the owner of house bearing No.5A, Court Road, Nardev Shastri Road, Dehradun comprising of four rooms, one kitchen, two verandahs and two galleries. The respondent has let out a portion of this house consisting of three rooms, one kitchen, latrine-bathroom, one store and two verandas (hereinafter referred to as the "suit house") to the appellant on a monthly rent of Rs.750/- as per the tenancy agreement dated 22.07.1985 entered into between them.

6. On 28.04.2008, the respondent filed an application under Section 21(1) (a) of the U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972 (hereinafter referred to as "the UP Act") against the appellant (opposite party) before the Prescribed Authority (Civil Judge) Sr. Division, Dehradun seeking his eviction from the suit house.

7. The eviction was sought on the ground of respondent's bona fide need for his residence and also the members of his family. The respondent alleged that he has retired from the services and has no other suitable house of his own where he can live and, therefore, requires the suit house for his personal residence as also for the residence of the members of his family.

8. The appellant (opposite party) contested the application by filing the written statement. While denying the ground of bona fide need, it was contended that the appellant has entered into an agreement on 13.05.1993 with the respondent for purchase of the suit house and pursuant thereto he has also paid huge amount to the respondent. It was contended that since the parties have already entered into an agreement of sale/purchase of the suit house, the relationship of landlord/tenant between them has ceased to exist and now it no longer subsists and has come to an end.

9. It was also contended that consequent upon the execution of the agreement between the parties for the purchase of the suit house, the appellant is no longer in possession of the suit house as tenant but is now in possession as a purchaser of the suit house in part performance of the agreement dated 13.05.1993 qua the respondent.

10. In other words, it was contended that the relationship of landlord and tenant between the parties has come to an end and now the same stood converted into the new relationship of buyer and seller of the suit house. It was, therefore, contended that the application filed by the respondent under Section 21(1) (a) of the UP Act against the appellant for his eviction from the suit house is not maintainable and, therefore, it is liable to be dismissed on this short ground.

11. The Prescribed Authority by order dated 03.11.2010 dismissed the respondent's application and held that since the parties entered into an agreement dated 13.05.1993 for sale of the suit house, the appellant was not required to pay any monthly rent to the respondent inasmuch as according to him the relationship of the landlord and tenant between the parties has come to an end. He also decided the issue of bonafide need against the respondent and in appellant's favour.

12. The respondent felt aggrieved and filed an appeal before the Appellate Court. By order dated 19.12.2015, the Appellate Court dismissed the appeal and affirmed the order of the Prescribed Authority. The respondent (applicant) felt aggrieved and filed the writ petition under Article 227 of the Constitution of India before the High Court of Uttarakhand at Nainital.

13. By impugned order