JANKI PRASAD Vs. IIND A D J MORADABAD

JUDGEMENT

(1.) THIS writ petition has been filed by Janki Prasad who is a tenant of a house situated in Mohalla Sarai Qazi, District Moradabad of which Smt. Kamla Dwivedi, respondent no. 3, is the landlady. The landlady purchased the said house under a sale deed dated 26-10-76.

(2.) ON 25-9-78 Smt. Kamla Dwivedi filed an application under section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 for release of the house. In the release application she stated that she was in acute need of the house and further that the house was in a dilapidated condition and required demolition and re-construction. An objection was taken on behalf of Janki Prasad that the application was under section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as the Act) and as such was not maintainable as three years had not elapsed from the date of purchase. ON clarification being sought by the Prescribed Authority the landlady stated that the application was under section 21 (1) (b) of the Act.

(3.) IT was urged on behalf of the landlady that the condition imposed by the Prescribed Authority in regard to the manner in which demolition was to take place and the further direction as to the letting out of the two rooms to Janki Prasad was bad in law. The II Additional District Judge agreed with the contention on behalf of Janki Prasad that the conditions imposed by the Prescribed Authority were equitable and reasonable but held that no such conditions could be imposed under the law and accordingly allowed the appeal and set aside the conditions imposed on the landlady. In other words the application under section 21 (1) (b) stood allowed unconditionally. Aggrieved by the order of the appellate authority, Janki Prasad, the tenant, has filed the instant writ petition.