CHAMPA Vs. 3RD ADDL. DIST.

JUDGEMENT

(1.) HEARD learned counsel for the parties. Learned counsel for both the parties have stated that this writ petition has got no direct connection with Second appeal No. 472 of 1990 and writ petition No. 5079 of 1990 these two cases were directed to be listed along with this writ petition by order dated 17-11-2005.

(2.) THIS is tenant's writ petition arising out of eviction proceedings initiated by landlord-respondent No. 3 Ram Swaroop against Original tenant- petitioner Smt. Champa (since deceased and survived by L.Rs.) under Section 21(1)(b) of U.P. Act No. 13 of 1972. In the release application it was stated that building in dispute was in dilapidated condition and required demolition and reconstruction. The release application was registered as P.A. Case No. 19 of 1981 on the file of Prescribed authority/Munsif Shahjahanpur Court No. 1. Prescribed Authority through judgment and order dated 29-3-1984 allowed the release application. Against the said judgment and order original tenant- petitioner Smt. Champa filed Miscellaneous Civil Appeal No. 64 of 1984. The III Additional District Judge, Shahjahanpur through judgment and order dated 22-12-1989 dismissed the appeal, hence, this writ petition.

(3.) HOWEVER , learned counsel for the tenant-petitioner has seriously contended that requirement of Rule 17 of the Rule framed under the Act were not complied with and neither the landlord submitted valid plan/map of the proposed constructions nor he was able to show that he had financial capacity to reconstruct. On this aspect also both the courts below have held in favour of the landlord.