BHAGIRATH Vs. GAYATRI DEVI

JUDGEMENT

(1.) A. K. Yog, J. Heard Sri Yatindra Sinha, Advocate on behalf of the tenant-petitioner and Sri Pankaj Naqvi, Advocate on behalf of the landlord-respondent Nos. 1, 2 and 5 (being the widow and sons of original deceased- landlord Jagdish Saran Agarwal ). The parties have already exchanged rejoinder and counter-affidavits. Conse quently, this writ petition is being heard and decided finally at the admission stage.

(2.) THE accommodation in question is admittedly governed by provisions of Sec tion 21 of the U. P. Act No. XIII of 1972 (called the Act' ). THE accommodation in question is the first floor of 12, Zulfiqar-ganj (Shyamganj), Bareilly, of which, ad mittedly, the petitioner was tenant. THE ground floor accommodation was in the tenancy of one Satya Prakash.

(3.) COMMISSIONER's report, paper No. 61-Ga (Annexure-VIII of the petition), shows that the said COMMISSIONER Report contains description of (house No. 291, Mohalla Gangapur, Bareilly ). The said Advocate COMMISSIONER vide report dated January 10, 1986 (with reference to ap plication No. 40-B of para 5 (III) of the Advocate COMMISSIONER) found that the house built of old bricks had fallen an roof and terrace were supported on beams,' floor was Kachcha, no plaster was there on the walls and in the sketch map at place C of the room 'a there is a door. The Com missioner concluded that the house was old one and in dilapidated condition.