SADIQ ALI Vs. SMT. ZAIBUN NISA AND ANOTHER

JUDGEMENT

(1.) -Heard Sri M.A.Qadeer, Senior Advocate assisted by Sri M.Hisham Qadeer, learned counsel for the petitioner and and Sri Shri Kant, learned counsel for the respondent.

(2.) Learned counsel for the petitioner submitted that application was filed by respondent-landlord for seeking eviction from premises in question i.e. shop on the ground that it is in dilapidated condition i.e. under Sec. 21(1)(b) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (here in after referred to as "Act, 1972") and therefore, he should directed to be evicted so that landlord-respondent may proceed to demolish and reconstruct the same.

(3.) Both the Courts below have not found that accommodation in question was in dilapidated condition and there is concurrent finding otherwise yet they have decreed the suit by directing petitioner to hand over possession of premises in question to the respondent-landlord and thereafter seek re-entry after its demolition and reconstruction by enforcing his right under Sec. 24 of Act, 1972.