RAMESHWAR DAYAL Vs. MOHD SHAMSHUL LAKA

JUDGEMENT

(1.) The landlord has filed this petition for setting aside the judgment dated 21st October, 2011 by which the appeal filed by the tenant against the order dated 28th August, 2008 passed by the Rent Control and Eviction Officer rejecting the application filed by the tenant under Section 24(2) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act') on the ground that it was barred by time, has been allowed with a finding that the application filed by the tenant was filed within time.

(2.) A perusal of the order dated 28th August, 2008 passed by the Rent Control and Eviction Officer shows that not only the application filed by the tenant under Section 24(2) of the Act has been held to be barred by time but the application has also been examined on merits. The Appellate Authority has, however, confined its discussion to the application being within time or beyond time and has, after considering the provisions of Section 24(2) of the Act and Rule 20 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 (hereinafter referred to as the 'Rules'), recorded a finding that the application was filed within time.

(3.) The landlord had filed an application under Section 21(1)(b) of the Act with the averment that the building was in a dilapidated condition and was required for the purposes of demolition and new construction. This application was allowed by the Prescribed Authority and the Appeal filed by the tenant was also dismissed. In Writ Petition No.20142 of 1999 that had been filed by the tenant against the order passed by the Prescribed Authority and the Appellate Authority, an affidavit was filed by the son of the landlord that the landlord will re-construct the shop within six months and handover possession to the tenant. The Court, accordingly, disposed of the writ petition with a direction that the landlord shall re-allot the shop in case the tenants files application for re-allotment and fixation of rent under Section 24 of the Act.