( 1 ) DURING hearing of petition U/art. 227 of the Constitution following question was referred to a D. B. by Single Judge :-

"whether the income or earning capacity of tenant alone should be taken into consideration by competent authority in proceedings U/s 19 of Slum Areas (Iandc) Act, 1956 or whether income of persons living with the tenant as members of his family can also be taken into consideration.

( 2 ) COMPETENT Authority granted permission to execute order of eviction obtained before the coming into force of the Act. (In para 3, Section 19 is reproduced.)

( 4 ) THUS in granting or refusing to grant the permission under Sub Section (3) one of the factors to be taken into account by the Competent Authority is whether alternative accommodation within the means of the tenant would be available to him if he were evicted.

( 5 ) IT appears that the interpretation of the expression "the means" as appearing in clause (a) of Sub section (4) of Section 19, has not been uniform. In Krishan Lal Vs. Smt. Ramo Devi and another (1972 R. L. R. (N) 162-D L. T 509, Safeer. , J. , quashed an order of the competent Authority by holding that it had been in disregard of the requi