KHALIL AHMAD Vs. 1ST ADDITIONAL DISTRICT JUDGE, MORADABAD

JUDGEMENT

(1.) SRI Khaliq Ahmad, Sri Jalal Uddin and Sri Naseem Ahmad are the landlords or the shop in question. They filed an application under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for release of the shop. These three persons are petitioners 1 to 3 in the writ and were also applicants 1 to 3 in the application filed by them under Section 21(1)(a) of the Act. Their applications were allowed by the Prescribed Authority by his order dated 24th July, 1985. Aggrieved by the order Sri Khalil Ahmad (the tenant) filed an appeal which was allowed on 9.1.86 and the matter was remanded back for re -decision in accordance with the observations made therein. Aggrieved by the remand order two writ petitions have been filed. The writ petition No. 3662 of 1986 (the first writ petition) had been filed by the tenant and the writ petition No. 12701 of 1986 (the second writ petition) has been filed by the landlords challenging the order of remand. I have heard Sri Rajesh Tandon, counsel for the landlords and Sri M.A. Qadeer, counsel for the tenant. The Prescribed Authority by his order dated 24th July, 1985 had held that the need of Khaliq Ahmad (applicant No. 1) is bona fide. The Prescribed Authority has further recorded a finding while comparing the hardship that the need of Naseem Ahmad, applicant No. 3 is also bona fide. In case this finding is not correct then Appellate Court could reverse the same as it can also decide the question of fact. There was no necessity to remand the case back to the Prescribed Authority. Both the writ petitions are allowed and the order of remand dated 9th January, 1986 is quashed.

(2.) SRI Khaliq Ahmad who was applicant No. 1 has also died. The Prescribed Authority had allowed the application for his bona fide need. As he is no more it will be open to the parties to file a fresh affidavit regarding the need of the heirs. The Appellate Court after re -considering the evidence on record will decide afresh about bona fide need and comparative hardship in accordance with law. The parties will appear before the District Judge, Moradabad on 20th December, 1999, who may decide the appeal himself or transfer it to any other competent Additional District Judge, Moradabad. The appeal may be decided expeditiously.