QAMRRUN NISA BEGUM Vs. A D J BAREILLY

JUDGEMENT

(1.) N. L. Ganguly, J. This writ petition under Article 226 of the Constitu tion is filed by the landlady-owner of the premises in question. The respondent is a tenant of the premises.

(2.) AN application under Section 21 (1) (a)of the U. P. Act No. 13 of 1972 was moved by the owner for release on the ground that she was living with her mother-in-law Smt. Niyazan Begum in her house. The said house was disposed of under a decree passed by the Civil Court in original suit No. 311 of 1975. Thereafter the petitioner came and started living with her mother Smt. Sayeeda Begum. The house of the petitioner's mother Smt. Sayeeda Begum consists of two rooms in the ground-floor and one Baithaka at the upper storey and three families were residing in it. Ultimately she had to shift and take another accommodation on rent at the rate of Rs. 120 per month for her residence. The application under Section 21 giving rise to the present writ petition was filed when the petitioner was in fact giving in the rented accommodation. In the application under Section 21 it was said in para 10 that the application has a personal need as well as desires to live in her own house.

(3.) THE respondent being aggrieved by the judgment of the prescribed authority filed an appeal before the District Judge, which was transferred and finally decided by the V Additional District Judge, Bareilly by the impugned judgment. In appeal the judgment of the prescribed authority was set aside and the appeal was allowed.