NIRUPA RANA Vs. 1ST ADDITIONAL DISTRICT JUDGE DEHRADUN

JUDGEMENT

(1.) This writ petition is directed against the order of the Prescribed Authority dated 23.5.1997 allowing the release application filed by the landlord-respondent No. 2 and the order of the appellate authority dated 1.3.2000 dismissing the appeal against the said order.

(2.) Respondent No. 2 is the landlord of the disputed premises. He filed an application for release of the disputed accommodation against three tenants, namely, S. S. Thapa, B. S. Ran a and Sri H. Ahmad under Section21 (1) (a) of U. P. Act No. XIII of 1972 (in short the Act). Sri S. S. Thapa is a tenant of one room, kitchen and half verandah. B. S. Rana was also a tenant of similar accommodation while Shri H. Ahmad is tenant of the premises comprising of two rooms, half verandah and a kitchen. In the application, it was stated that the accommodation in occupation of the aforesaid tenants was in a dilapidated condition and required demolition and reconstruction. The landlord is an Engineer in Indian Airlines and is going to retire on 31.1.2001. He has to settle his sister Usha who is unmarried and another sister Niloufer who is mentally retarded. He will construct after demolition of the building for residential purpose.

(3.) The application was contested only by two tenants, namely, S. S. Thapa and B. N. Rana. Sri H. Ahmad did not file any written objection. It was denied that the disputed accommodation was in a dilapidated condition and requires demolition and reconstruction. The need of the landlord-respondent was also denied.