OM PRAKASH KASHYAP Vs. ADDITIONAL DISTRICT JUDGE DEHRADUN

JUDGEMENT

(1.) BY means of present writ petition under Article 226 of the Constitution the petitioner has challenged the order of the Prescribed authority (Second Additional Civil Judge; Dehradun, dated 6th February J987 passed in Misc. Suit No- 98 of 1984, Anand Prakash v. Om Prakash Kashyap allowing the application of the respondent landlord under section 21 (1) (b) of the U. P Act No. 13 of 1972 (hereinafter referred to as the Act) and also the order of the Additional District Judge, Dehradun, rejecting the petitioner's Rent Control Appeal No. 24 of 1987, Om Prakash Kashyap v. Anand Prakash, vide its judgment dated 6th December 1988 affirming the order of the prescribed authority dated 6th February 1987.

(2.) I have heard learned counsel for both the parties at the admission stage itself. The matter is being disposed of finally with the consent of learned counsel for the parties

(3.) SRI l. P. Naithani, learned counsel for the respondent, In reply to the aforesaid submission, stated that it is clear from the inspection note of the Prescribed authority and the findings recorded by the two courts below show that the condition of the building was such, which can not be held to be contributed by the respondent landlord The inspection note gives details of the condition of the building it is stated there that the disputed property is in dilapidatad condition, the wooden pillers have been used to give to the support wooden girder of the roof due to which three has been hole in the roof The prescribed authority in his inspection note, found that the building is not only in a dilapidated condition but is in a dangerlous condition and any accident can occur in the said building at any time. The first floor of the building which was in occupation of the respondent landlord is vacant. There are wide cracks in the wall and the wall can fall down at any time. The roof is bent so much, that it can fall down at any time if the water collects there. The wooden piller have completely decayed. The inspection note clearly shows that the building is in a condition which is in capable of repairs. On the basis of evidence of the parties the prescribed authority recorded a categorical finding that most of the wooden girders have been eaten by white ant. The said building is hundred years old and is in a dilapidated condition requiring demolition. The said finding has been affirmed by the first appellate authority.