MANPREET SINGH Vs. REHET STAR DEVELOPERS PRIVATE LIMITED

JUDGEMENT

(1.) TENANT /petitioner, herein, is assailing order dated 9.10.2014 passed by learned Prescribed Authority/Civil Judge (S.D.), Dehradun in P.A. Misc. Case No. 6 of 2013, whereby application of the tenant/petitioner, herein, seeking permission to carry out major repairs in the tenanted property was rejected on the ground that application moved by the landlord under Section 21 (1) (b) of the U.P. Act No. 13 of 1972 has already been allowed against the tenant directing the tenant to vacate the tenanted property and to handover the same to the landlord for the purposes of demolition and reconstruction of the building.

(2.) UNDER Section 21 (1) (b) of the U.P. Act No. 13 of 1972, a tenant can be directed to vacate the tenanted property on the ground that tenanted property is in a dilapidated condition and is required for purposes of demolition and reconstruction. Undisputedly, landlord/respondents, herein, had preferred P.A. Case No. 1 of 2013 in the Court of Prescribed Authority/Civil Judge (S.D.), Dehradun seeking release of the tenanted premises on the ground that tenanted property is in dilapidated condition beyond repair, therefore, same may be released in favour of the landlord for the purposes of demolition and reconstruction. Application moved under Section 21 (1) (b) of the Act No. 13 of 1972 was hotly contested by the tenant/petitioner, herein, and was allowed, vide judgment and order dated 9.10.2014, directing the tenant/petitioner, herein, to handover vacant peaceful possession to the landlord within thirty days and further directing the landlord to complete the reconstruction, after demolishing the building, within ten months from the date of taking possession from the tenant, as per the sanctioned map and to handover suitable portion to the tenant for his occupation.

(3.) DURING the pendency of the application under Section 21 (1) (b) seeking release of the building on the ground that tenanted property is in dilapidated condition and beyond repair, tenant/petitioner, herein, moved application P.A. Case No. 06 of 2013 seeking permission from the Court to carry out repairs in the tenanted property, which was rejected by the Prescribed Authority vide impugned order.