BUNIYAD ALI Vs. RAFIQ AHMAD AND OTHERS

JUDGEMENT

(1.) These two connected writ petitions arise from a decision of III Additional District Judge, Bijnor dated 23rd March, 1978. By the said order, the appeal of Buniyad Ali (hereinafter referred to as the landlord) was partly allowed and the judgment of the prescribed Authority was modified.

(2.) Buniyad Ali, the landlord, filed an application under Section 21(1)(a) of U.P. Act No. 13 of 1972 for release of the disputed premises consisting of two Khans - one outer and one inner. The inner Khan consisted of two parts the eastern and western with a wall in between. The shop also has a chabutra in its front. To the south of the front portion is the house of landlord consisting of one room and Dalan in the ground floor apart from kitchen, latrine, etc. There is a staircase and some construction in this upper storey also. The disputed premises was purchased by the landlord on March 15, 1971. He, there fore, filed an application under Section 3 of U.P. Act No. 3 of 1947 for permission to bring suit for ejectment on the ground of his personal need. Later on, this was amended and converted into one under Section 1 of U.P. Act No. 13 of 1972. The application had been filed on two grounds. One of them was the personal requirement of the landlord and the second was that the building was in a dilapidated condition and was required to be demolished and reconstructed.

(3.) The application was contested by Rafiq Ahmad, the tenant. He alleged that the two grounds taken in the application under Section 21(1)(a) and (b) were unfounded and that the landlord was not entitled to release under any one of these two provisions. He claimed that the landlord had sufficient accommodation in his occupation and that the disputed premises was not required by him.