- (1.) RAKESH Tiwari, J. Heard learned Counsel for the parties.
(2.) PETITIONER is a tenant of shop No. 4 of Imambara No. 332, Rani Mandi, Allahabad at a monthly rent of Rs. 65 per month. Smt. Shirin Begum claiming herself to the owner and Mutawalli of the aforesaid Imambara, filed an application for release of the property in dispute for her son Mohd. Hasan who was alleged to be unemployed. The aforesaid application was contested by the petitioner asserting that since the premises in dispute was a Waqf property, it cannot be used for any personal gain of the Mutawalli and as such, she was not competent to file an application under section 21 (1) (a) of U. P. Act No. 13 of 1972. It was further asserted that Mohd. Hasan was already carrying on business with one Mohd. Talib in partnership at 329, Rani Mandi and he did not have any requirement of the premises in dispute.
(3.) THE Prescribed Authority by its order dated 13. 8. 1982 allowed the aforesaid application holding that the need of Mohd. Hasan was bona fide and further the petitioner would not suffer any hardship in case the aforesaid property was released in favour of the landlady as he was already in posses sion of another shop situated at 70, Rani Mandi, Allahabad. Aggrieved by the aforesaid order dated 13. 8. 1982 passed by the Prescribed Authority, the petitioner preferred an appeal No. 615 of 1982 under section 22 of the Act. During the pendency of the appeal, an application was filed by the petitioner stating therein that Smt. Shirin Begum had filed a suit No. 135 of 1981 against one Zafar Raza who was a tenant of shop No. 5 which is adjacent to the disputed shop for arrears of rent and eviction. The aforesaid suit was decided in terms of a compromise dated 13. 5. 1983.;