BIHARI LAL Vs. BRAHMA SINGH

JUDGEMENT

(1.) THE landlord-respondent No. 1 has sought release of part of the building under Section 21(1)(b) of U.P. Act 13 of 1972 (hearinafter referred to as the Act) being in dilapidated condition and requiring demolition and reconstruction.

(2.) THE petitioner who is tenant of three rooms of southern portion of House No. K-63/43, Bhut Bhaire, Nakhas, Varanasi, is occupying the same since before 1974. The house in dispute was not maintained and no proper repairs was carried out with the result the same is in dilapidated condition and likely to demolish. According to the respondent No. 1, the tenant is using the accommodation for shop and godown and has got a big building in the neighbourhood which is used as a residential house. The respondent No. 1 has very scarce accommodation for the family which consists of four sons and four daughters, out of which two are married. The respondent No. 1 has also sufficient financial means to reconstruct the building and the plan in conformity with the regulations of the bye-laws has also been obtained after approval. The case set up by the petitioner is that respondent No. 1 has been making efforts since 1974 to evict the tenant and having failed in his attempt, the present device has been created to obtain possession of the building. The building is in good condition and it only requires repairs and proper maintenance. The tenant is using the disputed accommodation for his timber business and the shop has earned goodwill.

(3.) THE learned IXth Additional District Judge has allowed the appeal of respondent No. 1 and has ordered for the demolition of the building by order dated 9.12.1988 which is impugned in the present writ petition.