VIRENDRA PRAKASH Vs. IVTH ADDITIONAL DISTRICT JUDGE BULANDSHAHR

JUDGEMENT

(1.) SUDHIR Narain, J. This writ peti tion is directed against the order dated 16th July, 1983 passed by Respondent No. 1 allowing the appeal and dismissing the release application filed by the landlord-petitioner.

(2.) THE petitioner filed application under Section 21 (l) (a) of U. P. Act No. 13 of 1972 in the year 1980 with the allega tions that the disputed shop is in a dilapidated condition and requires demolition and reconstruction. It was fur ther required for his sons, namely, Lokesh Kumar and Vinai. THE application was contested by the defendant-respondent. THE Prescribed Authority allowed the ap plication. THE tenant-respondent filed an appeal and the appeal was allowed by the impugned order dated 16th July, 1983.

(3.) THE question whether the building is in a dilapidated condition or not is a question of fact. I do not find any legal infirmity in this finding.