SHANTI DEVI Vs. IST ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THIS petition is by a landlady. It is directed against an order passed by the learned Additional District Judge, Kanpur on 7.3.1980 allowing an appeal filed by the respondent No. 3 under Section 22 of U.P. Act No. 13 of 1972 and dismissing the application filed by the petitioner under Section 21(1)(a) and (b) of the aforesaid Act.

(2.) THE aforesaid application was filed by the landlady nearly 10 years ago, to be precise on 23rd November, 1972 for an order of eviction against the respondent No. 3 from the first floor of premises No. 32/145, Bagia Mani Ram Kanpur. The eviction was sought by the landlady both on the ground that she needed the same for her own use and occupation after demolishing and reconstructing the same as well as on the ground that the building under tenancy of the said respondent was in a dilapidated condition and was required for being demolished and reconstructed.

(3.) IN regard to her case under clause (b) of Section 21(1), the landlady's plea was that the building under tenancy of the respondent No. 3 was in a dangerous condition. It was more than 80 years old and its life has already run out. The Chajjas on the first floor as well as on the second floor have almost fallen down. The dhannls or the store and Verandah of the disputed accommodation as well as the plants covering have also become totally worn out. The roof of the disputed accommodation is on the point of falling any moment. The walls of the rooms have also become completely dilapidated and have cracked at several places. The Engineer who examined the place is of the opinion that the accommodation was beyond repairs. The landlady has already got a plan for the reconstruction of the building submitted to the Nagar Mahapalika for sanction. The cost of construction would be around Rs. 20,000/ - which the landlady has the means of providing. In this view the building has become clearly dilapidated and unsafe not only for the tenant but also for the landlady's family.