MAYA SHARMA Vs. PRADEEP KUMAR GUPTA

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) THIS writ petition has been filed challenging the validity and correctness of the judgment and order dated 20.12.2010 passed by Additional District Judge, Court No. 10, Varanasi in Rent Appeal No. 10 of 1990, Pradeep Kumar Gupta and others v. Smt. Kamla Devi, by which the appeal of the contesting respondents was allowed setting aside the judgment and decree dated 29.7.1987 passed by the Prescribed Authority/lllrd Civil Judge, Varanasi in P.A. Case No. 88 of 1990 directing the petitioners to vacate the premises in question within the period of two months from the date of the judgment.

(3.) IT is further submitted by him that compliance of Rule 17 of the UP. Urban Building (Regulation of Letting Rent and Eviction), Rules 1973 is mandatory and before passing order under Section 21 (1) (b), Prescribed Authority is to satisfy itself that the building requires demolition and that the landlord has sufficient financial means to construct the building in question according to the sanctioned building plan; but in the present case there has been no notice or report of Nagar Nigam, Varanasi in respect of the condition of the building. The application for appointment of commission for local inspection being paper No. 210-C under Rule 27 framed under the Rules moved at a very belated stage, was rejected by the Court; that estimate of expenditure etc. was also not filed in the Court though it is averred that amount of Rs. 50,000/- towards expenditure has been managed by the landlord, and that even the plan for new construction as required under Rule 17 (3) was not filed.