SHANTI DEVI Vs. MOHAMMAD IKRAM

JUDGEMENT

(1.) Heard learned Counsel for petitioner and learned Counsel for respondents.

(2.) This writ petition has been filed by landlord against an order by which appeal filed by respondent was allowed by judgment and order dated 16th July, 2005.

(3.) It appears that petitioner being landlord filed an application under Section 21(1)(a) of the Act No. 13 of 1972 for release of shop in question which was in possession of respondent-tenant, who is doing business of selling shoes and chappals. Prescribed Authority has found that need of landlord is genuine and bonafide for the purposes of establishing her son and was pleased to allow the application vide its judgment and order dated 16.7.2004. Tenant-respondent filed an appeal. Appeal was allowed vide its judgment and order dated 16th July, 2005 holding therein that landlord is having two other shops in possession, therefore, she can establish her business there. Petitioner aggrieved by aforesaid order has filed the present writ petition.