Sudhir Narain, J. - (1.) THIS writ petition is directed against the order dated 21.9.1999 (Annexure -14 to the writ petition) passed by respondent No. 1 allowing the appeal and releasing the shop in question. At the time of admission one of the arguments was that the landlord -respondent has alternative accommodation which can be suitably used as a shop. On 23.12.1999. I passed the following order for appointment of a Commissioner: - - The appellate authority has allowed the release application filed by the landlord -respondent. I have heard Sri K.N. Saksena, learned counsel for the petitioner and Sri Rajesh Tandon, learned counsel for the respondent. Learned counsel for the petitioner suggested that there is a gallery shown in the report of the Commissioner (Annexure -11 to the writ petition), the size of which is 1 meter x 2.7 meters, shown by letters 'Da' 'Sa' 'Ya' 'Na' which may be given to him where he can carry on his business. Shri Rajesh Tandon, learned counsel for the respondent submitted that it is part of residential house of the landlord and it is being used as passage of the house without which it will be difficult for the landlord to have egress and ingress. The Appellate authority has made observation that it is part of the house of the landlord -respondent. It is not clear that this portion of the gallery is only the portion for the purpose of egress and ingress from the house of the landlord. Secondly, whether it is feasible and possible that this gallery may be given to the petitioner for using it as a shop. This aspect requires consideration by appellate authority. The appellate authority will examine the matter and record a finding within one month from the date of production of a certified copy of this order. It will be open to the parties to lead evidence on this point. List the matter for hearing on 15th February 2000. Till the next date of listing the petitioner shall not be evicted.
(2.) THE Commissioner has submitted a report, a copy of which has been filed as Annexure -11 to the counter affidavit. In the report it has been suggested that the covered gallery can be used as a shop. I have heard Sri K.M. Saksena, learned counsel for the petitioner and Sri Rajesh Tandon learned senior counsel for the landlord -respondent.
(3.) LEARNED counsel for the petitioner submitted that the petitioner shall suffer greater hardship than the landlord in the event the application is allowed. He submitted that the area of the gallery as suggested by the Commissioner may be provided to the petitioner.;