Sudhir Narain, J. - (1.) This writ petition is directed against the order of the Appellate Authority dated 25.4.1987 whereby the appeal was partly allowed and portion of the disputed accommodation was released in favour of the landlord respondent.
(2.) The briefly stated facts are that the respondent No. 3 filed an application for release of the disputed accommodation on the allegation that the petitioners were their tenant. He requires the disputed accommodation for his personal need and the need of his family members. The Prescribed Authority by his order dated 12.12.84 rejected the application. He found that the need of the landlord for one additional room was bona fide, but considering the hardship of the tenant he rejected it. The respondent No. 3 filed an appeal against the said order. The Appellate Authority has partly allowed the appeal and directed to release a part of the disputed accommodation by making partition. The relevant operative portion of the order is as under:- "The appeal is partly allowed and the order of the learned trial Court is modified and by this modification it is ordered that the room measuring 7=7' x 18=7" shown in paper No. 48 which was annexure of affidavit of Paper No. 47, the affidavit of tenant Shiv Dayal of the lower Court filed, shall be divided into two equal parts by raising a 3" wide partition wall in the middle and the eastern part of the room so created shall be given to the landlord and the western part of the room shall remain under the tenancy and occupation of the tenant. The site-plan paper No. 48 mentioned above and in which this Court has shown the room which is to be divided into two equal parts by the vertical and horizontal lines of dark red colour, shall for part of this judgment. The costs of construction in the division of the two rooms shall be borne by the landlord. The tenant shall be entitled to reduce the amount of rent proportionately. If by constructing the wall dividing this room in two parts the entrance of this room is closed then the landlord shall make a door for the proper entrance of the tenant".
(3.) The effect of the appellate order is that the room in possession of the petitioners shall be divided in equal share and half of it shall be given to the landlord respondent and half of it shall be retained by the petitioners.;