V.K.Khanna, J. - (1.) This writ petition has been filed against the order of the II Additional District Judge, Saharanpur dated 28.9.1984 allowing the appeal filed by the landlady against the decision of the Prescribed Authority rejecting her application under Section 21 of the U.P. Act No. XIII of 1972.
(2.) The impugned order has been assailed before me by the learned counsel for the petitioner on two grounds. Firstly it has been urged that the appellate court while up SETTING the decision given by the Prescribed Authority has recorded no finding on the question of comparative hardship. Secondly it has been urged that the petitioner has filed an affidavit to the effect that the husband of the landlady has a residential accommodation in Firozpur and the appellate authority has not at all considered the aforesaid question that the landlady could settle at Firozpur.
(3.) It may be mentioned that at the admission stage the contesting respondent put in appearance and filed a counter affidavit. A rejoinder affidavit has also been filed by the petitioner. The petitioner has thus been heard finally under the rules of the Court.;