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 (hereinaf