ONKAR NATH KESARWANI SINCE DECEASED Vs. KUSUM SINGH

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the records.

(2.) The landlord initially filed a release application under section 21(1)(b) of the U.P. Act No. 13 of 1972 against all the 12 tenants on the ground that the building was a very old construction and in a dilapidated condition having been constructed prior to year 1892; that the families of the applicants-landlord were residing on part of the first floor and second of the same building, but due to its dilapidated condition they were compelled by the circumstances to vacate the portions in their occupation; that at present the family members of the landlords are living in tenanted accommodations in Kydganj and Allahpur localities of Allahabad; that intention of the landlord for demolition and reconstruction of the building was genuine and their need is also established from the record as most of the part of the building has already collapsed; that as a result thereof 6 tenants, who were residing on the first floor i.e., the residential portion, have vacated the same during the pendency of the release application before the Prescribed Authority, but the landlord could not reconstruct the shops of the building as the ground floor is still under the occupation of the tenants preventing reconstruction by the present petitioners as it cannot be reconstructed without being demolished.

(3.) After appreciating the oral and documentary evidence and hearing the parties, the release application under section 21(1)(a) and (b) of the Act was allowed by the Prescribed Authority by order dated 19.12.2003. It is averred in paragraph 13 of the release application as well as in the writ petition that the landlord made an offer to the tenants that after reconstruction of the building he will provide shops to them, but this offer has been rejected by the tenants in paragraph 13 of their written statement before the Courts below as well as in the counter-affidavit to the writ petition.