NEEYAT ROUT Vs. IVTH ADDL. DISTRICT JUDGE VARANASI

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record.

(2.) This writ petition hag been filed challenging the validity and correctness of the order dated 4th December, 1999 passed by I Vth Additional District Judge, Varanasi by which the order passed by the Prescribed Authority declaring vacancy has been set aside.

(3.) The case of the landlady was that she was the owner of property bearing house No. D. 33/5 Khalispura, Varanasi; that she being old age her daughter Niyati Raut is looking after all the affairs of the applicant and managing the said property. It is further stated that the house in dispute consists of only one shop of two doors on the ground floor, 2 rooms, 1 store room, latrine Bathroom on the first floor, 3 small rooms, 1 kitchen Latrine and Bathroom on the second floor and one small room on the third floor. It is further averred that the landlady being very old and suffers from old age her daughter is residing with the applicant in the, upper story of the said house and is taking care of her and the family of the applicant consists of members: (1) Snehlata Sinha (applicant), (2) Niyati Rauth (daughter), (3) Sri Pulin Bihari Rauth (son in law), (4) Arup Kumar Rauth a/a 25 years and (5) Anup Kumar Rauth a/a 19 years. The accommodation on the upper stories is in use for residential purposes by her daughter; that in the year 1990 the opposite party No. 2 occupied the said shop on the ground floor is without getting any allotment order and refused to vacate the accommodation in question.