JOKHAN Vs. DISTRICT JUDGE BASTI

JUDGEMENT

(1.) THIS writ petition has been filed by a tenant against an order of eviction passed in respect of his accommodation by the appellate authority. The application was filed by the landlord under section 21 (1) (b) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction), Act 1972 (hereinafter referred to as the Act). The landlord claimed that the disputed accommodation was in a dilapidated condition and he wanted to construct it a new.

(2.) THE Prescribed Authority came to a finding that requirements of Rule 17 framed under the Act aforesaid were not complied with and consequently the application was liable to be rejected. THE appellate authority under section 22 of the Act, reversed the judgment and held that the building was in a dilapidated condition. THE requirements of Rule 17 were complied with and the petitioner was liable to be evicted.

(3.) IN the result, the present petition is allowed. The judgment of the appellate authority, District Judge Basti in Appeal No. 527 of 1981 is quashed. He is directed to decide the appeal afresh in the light of Rule 17 and the condition of the building on the basis of evidence on record. No order as to costs. Petition allowed.