RAZIA KHATOON Vs. FIRST ADDL DISTT JUDGE BUDAUN

JUDGEMENT

(1.) S. P. Srivastava, J. Feeling aggrieved by an order passed by the appellate authority under Section 22 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, (U. P. Act No. 13 of 1972), where under setting aside the fount of the application for release of the accommodation in dispute let out for residential purposes, the application under Section 21 (1) (a) of the said Act filed by the petitioner seeking release thereof was remanded for reconsideration with a direc tion to make an enquiry in the light of the observations made in the appellate judg ment after affording the opportunity to the parties to adduce additional evidence, she has now approached this Court seeking redress praying for the quashing of the ap pellate order.

(2.) I have heard Sri M. A. Qadeer, learned counsel for the petitioner and Sri Ajit Kumar, learned counsel representing the respondent No. 1 and have carefully perused the record.

(3.) THE prescribed authority on an ap praisal of the evidence and the materials brought on record, came to the conclusion that while the husband of the land lady was employed at Moradabad her family was residing in an accommodation which was allotted to her husband by the Nagar Palika where he was employed. It was also found that the land lady along with her two daughters and one son Sadarul-Islam Habibi aged about 33 years was residing in a room which was let out to her. THE fact that she was residing in a rented accommodation along with her family members as alleged was found to have been established. It was further found that apart from the accom modation in dispute she had no accom modation belonging to her in District Budaun. It was also found by the prescribed authority that the first floor portion of the building in dispute was being utilised by Shafiqul Hasan and had been sub- let to him by the tenant.