KAMLA DEVI Vs. III ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THE landlady Smt. Kamla Devi has preferred this writ petition challenging the judgment and order of the lower appellate court dated 29.1.2000 passed in Rent Control Appeal No. 103 of 1998 (Bhola Nath Jaiswal Vs. Smt. Kamla Devi).

(2.) THE release application of the petitioner landlady under Section 21(1)(a) of U.P. Act No. 13 of 1972 against the respondent no. 3 in respect of the shop situate on the ground floor forming part of the house no.72 A/70 Mohalla Dilkusha, Naya Katra, Allahabad was allowed on 16.5.1998 by the prescribed authority. The appeal preferred by the tenant respondent no. 3 was allowed on 29.1.2000 and the order of release was set aside. Thus, this petition has been filed by the petitioner.

(3.) ACCORDINGLY , the writ petition was restored to its original number and has now come up for re-consideration before me by the nomination made by Hon'ble the Chief Justice. I have heard Sri Vinod Sinha, learned counsel for the petitioner and Ms. Roli Kaushar, learned counsel for respondent no. 3. The submission of Sri Vinod Sinha, learned counsel for the petitioner is that the finding of bonafide need of the shop in dispute recorded by the prescribed authority has not been specifically reversed by the appellate court and therefore judgment and order of the appellate court can not be sustained. He has further submitted that respondent no. 3 has already acquired another shop in a very close vicinity and had started carrying business from the said new shop and since he is not in possession of the shop in dispute for the last over 3 years, the interest of justice demands to maintain the order of release passed by the prescribed authority.