Yatindra Singh, J. - (1.) Smt. Akeela Begum is landlady of the premises in dispute. She filed an application for release of the premises on the ground that it is required for the need of her son. This application was allowed by the Prescribed Authority by his order dated 17th April, 1992. Petitioner file appeal which was also dismissed on 13th October, 1999, hence the present writ petition.
(2.) I have heard Sri Virendra Kumar, Counsel for petitioner and Sri Nasiruzzama, Counsel for the contesting respondent. After hearing both of them I was of the view that counter be called for but Sri Nasiruzzama states that he will argue the matter without there being a counter-affidavit and as such the writ petition is being decided without counter-affidavit.
(3.) Sri Virendra Kumar has pressed only one submission for consideration of the Court. According to him during the pendency of these proceedings the contesting respondent let out the premises situate at 11/1229/3, Sarai Mardan Ali, Saharanpur to Saharanpur Jan Sudhar Society and the need of the contesting respondent is not bona fide. In support of this he has also filed affidavits of Smt. Akhtari Begum, Sahjad, Ramjani, Mohd. Iqbhal, Guddu and Rizwan. Out of these Guddu is the alleged partner of Saharanpur Jan Sudhar Society. The Prescribed Authority as well as the Appellate Authority have not recorded any categorical finding whether the aforesaid premises was let out to Saharanpur Jan Sudhar Society or not. The Prescribed Authority has merely stated that the contesting respondent cannot dare to let out any premises during the pendency of the present proceedings. The Appellate Court has observed that in case the premises was illegally let out, the petitioner may file application for allotment. The approach of both the Courts below is illegal. The Courts below should have recorded a categorical finding whether any premises has been let out to Saharanpur Jan Sudhar Society or not. In case any premises is let out by the landlord, there is no bona fide need of the landlord.;