KAMAL KISHORE GUPTA Vs. VIVEK KUMAR GUPTA

JUDGEMENT

(1.) This writ petition was filed by the tenants. It arose out proceedings for eviction initiated by landlord respondent under Section 21(1)(b) of U.P. Act No.13 of 1972 for release on the ground of dilapidated condition of the building. Property in dispute was a shop. Release application was allowed by the Prescribed Authority. Appeal was dismissed by the lower appellate court. While deciding the writ petition on 29.08.2007 after maintaining order of eviction of the courts below I issued following directions:

(2.) Thereafter, through notice dated 05.10.2007 information of passing of map on 28.09.2007 was given to the counsel of the tenants. On expiry of two months therefrom the shop was not vacated hence application was filed by the landlord before the Prescribed Authority. Thereupon the possession was delivered to the landlord through police force on 25.01.2008. The landlord instead of getting the new complex constructed got a new map passed on 27.12.2008 and gave the information of the same to the tenant.

(3.) Thereafter, on 18.06.2010 landlord gave letter to the tenants stating that one shop (newly constructed) is being kept ready by the landlord for him of which he (the tenant) is not taking possession and that he must at once occupy the same.