MOHD. AHMAD Vs. NOOR MOHAMMAD

JUDGEMENT

(1.) This tenants' writ petition is directed against an order of release passed by the Prescribed Authority, under Sec. 21(1) (a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (for short, 'the Act'), that has been affirmed in appeal.

(2.) An application for release was moved by Noor Mohammad, the sole respondent to this writ petition, under Sec. 21(1)(a) of the Act, seeking release of House No. 10/254-J, Heeraman Kaa Purwa, Kanpur Nagar, admeasuring 80 square yards, details of which are mentioned in Schedule A at the foot of the release application. It was registered on the file of the Prescribed Authority/ Additional Civil Judge (Sr. Div.), Court No.5, Kanpur Nagar as Rent Case No. 14 of 2013.

(3.) Noor Mohammad claimed that he is the owner of the aforesaid premises. The premises were said to be 100 years old with an arched roof and in a dilapidated condition. The back portion on the eastern side had already fallen down. The house is constructed on a plot of land in two equal parts. The northern half has two rooms, a kitchen and a courtyard, which is residential and in Noor Mohammad's occupation. The remainder half part of the premises on the southern side has three arched roof rooms, oriented from west to east, where- after there is a courtyard, another room and a gallery. However, the eastern room of this part was dilapidated and collapsed quite a long time ago. In its place, Mohd. Ahmad (since deceased), whose heirs and LRs are the petitioners here, constructed a tin-shed worked room and also enclosed a part of the courtyard with a tin-shed, giving it the shape of a room, converting it illegally.