RAISA KHATOON Vs. YOUNUS (SINCE DEAD) AND OTHERS

JUDGEMENT

(1.) Heard Sri Pankanj Agarwal, Advocate holding brief on behalf of Sri M.K. Gupta, learned counsel for the petitioner and perused the record.

(2.) The petitioner filed release application under Sec. 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972") in respect of accommodation in question, i.e., House No. 54 situated at Mohalla Zindiyan, District Bulandshahar wherein respondents are tenants. The application was allowed by Prescribed Authority vide judgment and order dated 25.06.1985 holding the need of petitioner to be genuine and bona fide and also the issue of hardship in their favour.

(3.) In the appeal preferred by respondents-tenants they filed an additional document to show that petitioner-landlord's husband or son has purchased a big Kothi in about 1200 square yards near stadium which satisfy her need and, therefore, release of accommodation should not be allowed. The Appellate Court in the judgment dated 13.09.2004 has simply referred to aforesaid factum that during pendency of appeal the evidence placed on record that landlady has purchased a big Kothi and then it has said that she has not given any explanation in this regard, meaning thereby her need has disappeared.