S.C.VERMA,J. - (1.) BY this petition the landlord has challenged the order dated 20.8.1983 passed by 4th Additional District Judge, Bulandshahr, setting aside the order dated 1.6.1982 passed by the Prescribed Authority, allowing the application of the landlord under Section 21(1)(a) of U.P. Act No. 13 of 1972 for the release of residential accommodation situate in Mohalla Chowk Bazar, Bulandshahr.
(2.) IN the release application it has been alleged that partition between the brothers of the applicant took place in 1969 and in pursuance of the partition decree dated 2.9.1969 the disputed property came in the share of the applicant. One Noor Jahan was occupying the disputed property and after her death the disputed property is in occupation of respondent No. 2 Smt. Shamim Bano, who claims to be daughter of Noor Jahan. It has been alleged that after the partition the petitioner was residing with the family of his younger brother Sri Shri Ram, who died in the year 197(sic) and at that time his eldest son was only twelve years of age. The petitioner started living in the accommodation, which was allotted to Sri Ram, but he had vacated the same. In the meantime, he filed an application for release against one tenant Sri Gopal Nidhi. The said application was ejected on the ground that the family partition was not proved to be genuine and, as such, the petitioner was not living with his brother and there was no need for any independent accommodation.
(3.) THE order dated 9.5.1977 was challenged in appeal and a compromise was effected between the parties and as such, the findings in the aforesaid case did not attain finality. The petitioner, thereafter in the year1988 started living with his other brother Mukat Lal. But again he has been compelled to make his own arrangement and in February, 1981 Noor Jahan died. The present application for release was filed on 30.6.1981. It has also been alleged that the respondent No. 2 was previously residing at Hapur, Purana Bazar, Mohalla Munsafi along with her three daughters and she has alternative accommodation to stay as also she has the land and house in village Giraura.;