VIMLA TALWAR Vs. ADDL D J

JUDGEMENT

(1.) M. Katju, J. This writ petition has been filed against the impugned order dated 7-5-1993. Annexure 7 to the writ petition.

(2.) I have heard Shri Janardan Sahai, learned counsel for the petitioner and shri Sunil Ambwani for respondent No. 3.

(3.) IN view of the above discussion, the writ petition is allowed. The impugned order dated 7-5-1993 is set aside and the matter is remanded to the appellate authority to decide the application afresh in the light of the observations made above. If they so desire, the parties can file fresh evidence by way of affidavits in connection with the accomodation occupied by Dr. Deshwal and Major Dhawan to substantiate their pleas. The appellate court will consider whether the landlady's need will be satisfied if the accom modation occupied by Dr. Deshwalas well as Major Dhawn are taken into consideration. If the respondent No. 2 files an application under Section 16 read with Section 12 in connection with the portion of the accommodation formally occupied by Major Dhawan within a month from today the said application under Section 16 will be decided after hearing the patties concerned within three months. If such an application under Section 16 is filed within a month the appellate court will await the decision of the said application under Section 16 and take the said decision into considera tion. The appeal must be decided within six months from today after hearing the parties concerned. Petition allowed. .