HARI DATT PATHAK Vs. SANJEEDA BEGUM

JUDGEMENT

(1.) This is tenant's petition, against the order dated 01.07.2016 passed by learned Civil Judge (S.D.)/Prescribed Authority, Nainital in Rent Control Case No. 21 of 2012, whereby landlady's application seeking amendment in the release application was allowed.

(2.) Brief facts of the case are as follows:

(3.) Respondent (landlady) filed an application under Section 21(1)(a) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (from hereinafter referred to as "U.P. Act No. 13 of 1972") for release of the premises in question on the ground of personal and bona fide need. Tenant (petitioner herein) filed his written statement against the ground set up in the release application. Thereafter, landlady's evidence was closed. After four years of filing the release application, landlady moved an application seeking leave to amend her release application. By the said amendment, respondent wanted to introduce a new ground for release of the premises, namely, reconstruction of the building after demolition, which is an independent ground for release under Section 21(1)(b) of Act No. 13 of 1972. Respondent relied upon one letter issued by Nagar Palika Parishad, Nainital to her on 30.05.2012 in which it is stated that during inspection, it was found that cracks have developed in the walls of the building, which may pose threat to the public.