- (1.) This writ petition has been filed for issuing a writ of certiorari quashing the impugned order dated 16.12.2009 passed by VIIth Addl. District Judge Kanpur Nagar in Rent Appeal No. 35/2009 Smt. Begum Mustajabunnisha v. Badrey Alam. It appears that respondent No. 2 has filed an application for release of disputed premises under section 21(1)(a) of U.P. Act No. 13 of 1972. The said application was numbered as Rent Case No. 27/2006 and was allowed by the prescribed authority on 9.4.2009. Against this order, the petitioner has preferred an appeal before the Appellate Authority. During the pendency of appeal it appears that the landlord who has initiated proceedings for release against other tenants with respect to another accommodation were decided in his favour. In one case proceeding under section 23 of Act No. 13 of 1972 is pending and in another case, this Court has granted some time to vacate the premises and that time will expire in March, 2010. The present applicant has filed an application for appointment of Commissioner for ascertaining these facts. This application was rejected by learned Appellate Court holding that the petitioner was trying to delay the proceeding of eviction.
(2.) Sri Tandon has filed a supplementary affidavit annexing therewith an affidavit of Mohammad Gayas who happened to be tenant in one of the premises belonging to landlord. In para 3 of the said affidavit it is stated that pursuant to order of this Court accommodation has been vacated. It is contended by Sri Manish Tandon learned Counsel for the petitioner that the petitioner was neither a party in that proceeding nor was aware of this affidavit but this is important development which is very much material for deciding the landlord's application for release with respect to the premises occupied by the petitioner.
(3.) I have heard learned Counsel for the petitioner and gone through the impugned orders. So far as the impugned order passed by learned Judge of Court below is concerned that cannot be faulted with on the then existing facts but so far as the affidavit of other tenant with regard to the vacating of the premises is concerned that prima facie appears to be relevant factor for deciding the release application on merit. In view of that it is provided that for redressal of her grievance, the petitioner may file another application before the Appellate Authority. In case, such application is filed, that may be considered and decided by the concerned authority in accordance with law before passing final order. Subject to above observation the writ petition is disposed of.;