Sudhir Narain, J. - (1.) This writ petition is directed against the order of the Prescribed Authority dated 6.9.1997 releasing the disputed accommodation in favour of the landlord-respondent No. 3 under Section 21 (1A) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short the Act) and the order of the Appellate Authority, respondent No. 1, dated 4.4.1998 dismissing the appeal against the aforesaid order.
(2.) The facts, in brief, are that respondent No. 3 filed an application for release of the disputed accommodation on the allegation that he was employed in Indian Air Force in the Flying (Pilot) Branch. He retired from service on 31st August. 1994 in the rank of Group Captain from Western Air Command. Subroto Park, New Delhi. He was occupying a Government quarter which he had to vacate prior to his retirement. He wanted to settle in his home town Kanpur in the disputed house of which the petitioner is tenant.
(3.) The application was opposed by the petitioner. She denied that there was any relationship of landlord and tenant between her and respondent No. 3. She stated that her husband was a tenant. It was further denied that respondent No. 3 requires the accommodation in question. He owns Flat No. G-99, Sector 25. NOIDA. Ghaziabad, and is permanently residing there. One of the legal pleas taken was that the accommodation was let out without any allotment order in the year 1980 and therefore the application for release under Section 21 (1A) of the Act was not maintainable. The Prescribed Authority, on consideration of the evidence, came to the conclusion that the petitioner was a tenant of the disputed accommodation and the application was maintainable. It was found that the petitioner failed to establish that respondent No. 3 owns Flat No. G-99, Sector 25. NO1DA. Ghaziabad, and on these findings, the application was allowed on 6.9.1997. The petitioner preferred an appeal against this order. Respondent No. 1 dismissed the appeal on 4.4.1998.;