S.D.AGGARWAL, J. - (1.) THIS is a petition under Article 226 of the Constitution of India arising out of proceedings under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).
(2.) THE petitioner, Swarnamala Jain is the landlady. The Cane Development Council is the tenant in the premises in dispute at the rate of Rs. 35/- per mensum. The property in dispute is situate in Bijnor. The case of the petitioners was that she was a teacher at Shamli, District Muzaffarnagar and she retired in June 1981. She is a widow and issuless. After retirement, she shifted to Bijnor, where she is staying in a rented house at the rate of Rs. 10/- per mensum. She does not have any house for residence. Consequently, it was prayed that the portion of the house in dispute which belongs to her, be released in her favour as she requires the same for her personal need.
(3.) THE application was contested by the Cane Development Council.;