- (1.) S. P. Srivastava, J. Feeling aggrieved by an order passed by the appellate authority under Section 22 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, (U. P. Act No. 13 of 1972), where under setting aside the fount of the application for release of the accommodation in dispute let out for residential purposes, the application under Section 21 (1) (a) of the said Act filed by the petitioner seeking release thereof was remanded for reconsideration with a direc tion to make an enquiry in the light of the observations made in the appellate judg ment after affording the opportunity to the parties to adduce additional evidence, she has now approached this Court seeking redress praying for the quashing of the ap pellate order.
(2.) I have heard Sri M. A. Qadeer, learned counsel for the petitioner and Sri Ajit Kumar, learned counsel representing the respondent No. 1 and have carefully perused the record. The facts in brief, shorn of details and necessary for the disposal of this case, lie in a narrow compass. The accommoda tion in dispute which is situated in Budaun had been let out to the respondent tenant for residential purposes at a time when the husband of the petitioner was employed in Moradabad. He died on 22nd February, 1983. The application seeking release of the accommodation in dispute was filed in the year 1985 asserting that she had no accom modation apart from the accommodation in dispute which could be utilised for residen tial purposes and after the death of her hus band, she had shifted to Budaun. Since the accommodation in dispute had been let out, she had taken one room on rent in Mohalla Sedhi which was not sufficient for accom modating her two sons and the daughter. One of his sons was unemployed and the one room accommodation which had been taken on rend was being utilised for the residential purpose of her daughter and son. The marriage of the son had also been set tled but in the absence of accommodation it was being postponed. The land lady wanted the release of the accommodation for the residential purposes of herself and the members of her family. It was also asserted that the tenant was utilising the ground floor portion for his residential purpose arid the first floor portion had been sub-let and was deriving income from the same paying only Rs. II- per month to the land lady towards rent in respect of the entire accom modation. It was alleged that the need set up for the release was bona fide, genuine and pressing and the tenant was not likely to suffer any hardship in the event of the grant of the release sought for. The aforesaid application was con tested by the tenant who set up various pleas denying the claim of the land lady.
(3.) THE prescribed authority on an ap praisal of the evidence and the materials brought on record, came to the conclusion that while the husband of the land lady was employed at Moradabad her family was residing in an accommodation which was allotted to her husband by the Nagar Palika where he was employed. It was also found that the land lady along with her two daughters and one son Sadarul-Islam Habibi aged about 33 years was residing in a room which was let out to her. THE fact that she was residing in a rented accommodation along with her family members as alleged was found to have been established. It was further found that apart from the accom modation in dispute she had no accom modation belonging to her in District Budaun. It was also found by the prescribed authority that the first floor portion of the building in dispute was being utilised by Shafiqul Hasan and had been sub- let to him by the tenant. The prescribed authority came to the conclusion that the tenant was doing the tailoring business and his shop is in the main market of Budaun and he had employed two or three tailors. The prescribed authority recorded a clear cut finding to the effect that the need for the accommodation in dispute set up by the land lady was genuine, bona fide and pressing. On the question relating to the comparative hardships, it was found that the balance even on this account tilted in favour of the land lady. It may be noticed that although the tenant had set up a plea to the effect that there was dearth of houses in Budaun town and it was most difficult for him to get any house for residence yet it had not been pleaded that he had made any effort to search out any accommodation for satisfying his requirement. No evidence was let to indicate that he had made any effort in this regard that his effort had failed.;