PREM NARAIN Vs. THE IVTH ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Prescribed Authority, dated 15.2.1995, allowing the release application filed by the respondent No. 3 under Section 21(1)(b) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act), and the order dated 15.11.1995 passed by the respondent No. 1 affirming the said order in appeal. Facts of the case in brief are that the petitioners are the tenants of the premises No. 70/26, Mathuri Mohal, Kanpur Nagar. Respondent No. 3 is the land -lady. She filed application for release of the disputed premises under Section 21(1)(b) of the Act on the allegation that her family consists of 13 members and the disputed premises is required for her bonafide need. She also alleged that she has purchased the disputed premises in the year 1984. It was further alleged that the building in question is in dilapidated condition.

(2.) PETITIONERS contested the application. It was denied that need as set up was not bonafide and disputed premises was not in dilapidated condition. Parties led evidence in the case.

(3.) LEARNED counsel for the petitioners has submitted that the finding recorded by the respondents 1 and 2 to the effect that the premises in dispute was in dilapidated condition is erroneous in law.