MALIKA JAHAN ARA BEGUM Vs. ABDUL RAHIM KHAN

JUDGEMENT

(1.) ABDUL Rahim Khan filed an application under Section 21(1)(b) of the U.P. Act No. XIII of 1972 (in short the "Act") for release of the house in dispute against Km. Aysha Sultan and Smt. Jahan Ara Malik. A written statement was filed by Smt. Malika Jahan Ara Begum denying and disputing the contentions and averments made by the respondents in the release application. The Prescribed Authority by order dated 24.09.1985 dismissed the release application filed under section 21(1)(a) of the Act after recording a finding that the building is not in a dilapidated condition. Thereafter, an Appeal under Section 22 of the Act was filed by the landlord, which too was dismissed by order dated 25.05.1986. Against the said order, Writ Petition No. 13840 of 1986 was filed by the respondents-landlord. The said writ petition was decided by order dated 10.05.2000 and the matter was remanded to the Appellate Court. The Appellate Court by order dated 31.07.2010 allowed the Appeal No. 110 of 1985 and directed the petitioner to vacate the house in dispute within three months. Being aggrieved and dissatisfied with the order dated 31.07.2010, the present writ petition has been filed by the petitioner.

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

(3.) LEARNED counsel for the petitioner has submitted that the respondent may be directed to construct the new building after demolition within a stipulated period of time and suitable portion may be allotted to him for his residential purpose.