HARI DATT PATHAK Vs. SANJEEDA BEGUM

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks following relief, among others:

(2.) Application under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Lettings, Rent and Eviction) Act, 1972 (13 of 1972) was filed by the landlord-respondent on the ground of personal and bona fide need.

(3.) It is the submission of learned counsel for the petitioner that landlord's evidence was closed. The tenant, according to the learned counsel has yet to give his evidence. In the meanwhile, on 06.6.2016, the landlord-respondent moved an application under Order 6 Rule 17 C.P.C. for amendment in the application. Respondent wanted to introduce 'Repair and Reconstruction of the Building' as new grounds for release of the accommodation. Such an application for amendment was allowed by the Trial Court, compelling the tenant-petitioner to come to this Court in present writ petition. One of the grounds taken by the respondentlandlord before the Trial Court was that since the accommodation in question has been declared as 'dilapidated' by Nagar Palika Parishad, therefore, respondent has no option, but to request for release of such accommodation.