MANJU SHARMA Vs. SPECIAL JUDGE

JUDGEMENT

(1.) SUDHIR Narain, J. This writ peti tion is directed against the order of the Prescribed Authority dated 16-7-1997, al lowing the release application filed by landlady-respondent No. 3 under Section 21 (l) (a) of UP. Act No. 13 of 1972 (in short the Act) and the order of the appel late authority Respondent No. 1, dismiss ing the appeal against the said order on 4-12-1998.

(2.) RESPONDENT No. 3 filed an applica tion for release against the petitioners under Section 21 (l) (a) of the Act on the allegation that she purchased the house in question by registered sale-deed on 21-1-1966. She let out the accommodation in question to petitioner No. 1 on 15-7-1977 at monthly rent of Rs. 350/ -. She requires the disputed accommodation for residen tial purpose. Her family consists of her husband, one son and a daughter Prakashwati who is widow. She has in her accom modation only one Kothari for residential purpose, which is hardly sufficient for her family members. It was denied by the petitioners that the need of the landlady was bona fide and genuine. It was further stated that the accommodation was let out to the institution Bal Vidya Mandir. The prescribed authority found that accom modation in question was let out to Km. Manju Sharma, petitioner No. 1 and not to the institution. On the facts it was found that the landlady requires the premises in question for her residential purpose. The petitioners preferred an appeal before the appellate authority. RESPONDENT No. 1 has dismissed the appeal on 4-12-1998.

(3.) THE prescribed authority recorded a finding that the accommodation was let out to the petitioner and not to the institu tion.