VASHISHTH NATH Vs. DEPUTY DIRECTOR CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Neeraj Agrawal, learned counsel for the petitioner and perused the record. The three petitioners namely Vishambhar Dayal, Om Prakash Singhal and Nathoo Singh are tenants of three different shops adjoining to each other situated at Mohalla Jogipada, Qasba Debai, District Bulandshahar. The respondent Nos. 2 to 17, owner of shops filed application dated 15.10.1981 under Section 21(1)(b) Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") alleging that shops are more than 100 years old and now in a dilapidated condition therefore, should be directed to be vacated by petitioner-tenants so that the same may be demolished and reconstructed. The application was registered as Rent Case No. 78 of 1981.

(2.) Besides the three petitioners, application in fact included one more tenant namely Sahkari Kraya Vikry Samiti Ltd. With regard to its dilapidated condition, landlord supported the application with the report of an Engineer (Architect) Sri Chandra Kant Saxena, who had made inspection of the premises on 2nd August, 1981 and submitted report on 31.8.1981. The copy of report of Sri Saxena has been filed as Annexure 3 to the writ petition, which says that building is in a very bad condition. Sri Saxena also filed his affidavit dated 20.3.1982 in support of his report.

(3.) Contradicting the case set up by respondent-landlords, petitioners submitted a report of Sri C. Singh, Retired Civil Engineer, Khurja, who said that the building has not been properly maintained and is out of repair for a pretty long time resulting in damage to some part thereof but it is not in dilapidated condition or dangerous but only proper repair can make it safe so as to be utilized for many years to come. The exact words of the expert are: