ORDER S.D. Agarwala, J. - This is a petition under Article 226 of the Constitution arising out of proceedings for release under Section 21 (1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. U.P. Act No. XIII of 1972, hereinafter referred to as the Act. One Narottam Vyas was the owner and the landlord of the premises in dispute. The disputed accommodation has got three storeys. The ground floor and the first floor are occupied by the petitioner as a tenant. The second floor was occupied by the landlord himself. The application under Section 21 of the Act was made on the ground that Narottam Vyas had grown old and he wants to shift to Moradabad and since he has got a heart disease he requires the ground floor of the said house. 2. The Prescribed Authority allowed the application on 5th October 1977. Against the said decision an appeal was filed under Section 22 of the Act by the petitioner. The appeal was partly allowed and the ground floor accommodation in the possession of the tenant was directed to be vacated and given over to the landlord. The appellate authority's judgment is dated 12th February 1979. Against the judgment dated 12th February 1979 the present petition has been filed by the tenant. 3. Narottam Vyas filed a petition No. 4292 of 1979 in this Court. During the pendency of this petition Narottam Vyas died. So far as the petition filed by Narottam Vyas was concerned no substitution application was made and hence that petition was dismissed on 1st December, 1980. The present petition is by the tenant. The name of Narottam Vyas has been deleted and in his place the names of his heirs have been substituted. The heirs have not made any application for amendment of the release application seeking release on the basis of their requirement. 4. Learned counsel for the petitioner has urged that the application under Section 21 of the Act was based solely on the ground of the need of Narottam Vyas, he having died the application under Section 21 of the Act became infructuous and cannot be preferred. 5. I have heard learned counsel for the parties. In my opinion the submission made by the learned counsel is well founded. 5. I have heard learned counsel for the parties. In my opinion the submission made by the learned counsel is well founded. In Phool Rani v. Naubat Rai, AIR 1973 SC 2110 , the Supreme Court while considering an analogous provision of the Delhi Rent Control Act has opined that if an application for release is made on the personal requirement of a landlord and if such a landlord dies the personal cause of action must perish with him as the continuation of the proceeding requires determination of wholly different and distinct issues. This principle fully applies to the present case. The application under Section 21 of the Act has been attached as Annexure 1 to the petition. The application was filed on the ground that Narottam Vyas was a film story writer, he had shifted to Bombay in connection with his profession and now he wants to come back to settle at Moradabad, he has grown old and infirm and it is not possible for him to ascend and descend stairs to use the second storey of the house as the bathroom and latrine are situate on the ground floor and as such since he wants to lead a retired life he wants to shift himself and his family from Bombay to his own house at Moradabad. The need of Narottam Vyas was considered as bona fide by the prescribed authority as well as by the appellate authority on the above facts. Narottam Yyas has since died. With the death of Narottam Vyas the cause of action perished and as such the application under Section 21 of the Act has become incompetent. 6. In the result, the petition is allowed and the appellate order dated 12th February 1979 is quashed and the application under Section 21 of the Act is dismissed as having become infructuous. It is, however, made clear that it will be open to the heirs of Narottam Vyas to make another application for release if they require the accommodation in future. Parties are, however, directed to bear their own costs.