- (1.) RAKESH Tiwari-List has been revised. Heard Sri Madhav Jain, learned counsel for the petitioner. Neither any counsel for the respondent is present nor counter-affidavit has been filed till date.
(2.) THIS writ petition has been filed by the landlady-petitioner against the judgment and order dated 31.5.2001 in Rent Control Appeal No. 290 of 1999 passed by XVth Additional District Judge, Agra whereby he allowed the appeal of the respondent-tenant setting aside the judgment and order dated 30.10.1999 in P.A. Case No. 1 of 1998, Khursheed Begum v. Bashir Ahmad passed by the Prescribed Authority/ IVth Additional Civil Judge (Senior Division), Agra. Brief facts of the case are that the dispute No. 48 is situate at Pratappura, P.S. Sadar Bazar District Agra in which respondent is the tenant. The petitioner moved an application under Section 21 (1) (a) of U. P. Act No. XIII of 1972 before the Prescribed Authority/IVth Additional Civil Judge (Senior Division), Agra for release of the accommodation under the tenancy of the respondent on the ground of her personal need which was registered as P.A. Case No. 1 of 1998.
(3.) IT was claimed in the release application that the petitioner is the sole owner of the accommodation in dispute on the basis of last Will dated 27.8.1978 executed in her favour by Smt. Khusnidi Begum who died on 16.3.1980 ; that she has a large family including her husband eight sons, a daughter, daughter-in-law and grand children who are residing in two room accommodation in the property of her father situated at Katra Umar Khan, Agra being house No. 2/76 which were insufficient to meet the requirement of the members of her family. Besides above, it was also stated that the father of the petitioner was insisting on vacation of the accommodation, which was required by his family members. It was also stated that the petitioner and her family members own no other property except the property in dispute to fall back upon and that the accommodation in question which was bona fidely required by her.;