INDER SINGH TULI Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THE petitioner, a tenant, has come up to this Court for quashing of the judgment/order dated 8.2.1985 and 28.1.86, passed by the learned Additional District Judge, Dehradun (Respondent No. 1), allowing the appeal of the landlord (Respondent No. 2), under Section 22 of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, (hereinafter referred to as the Act), and directing the tenant to vacate the premises in question within a month.

(2.) THE admitted facts of the case is that the tenant is occupying a portion of the first floor of House No. 43, Rajpur Road, Dehradun for a long time on a mearer monthly rent of Rs. 7 only for the accommodation consisting of 4 rooms, verandah, a wooden room, a courtyard, a latrine and bath room. The landlord is the owner of property No. 43, Rajpur Road, Dehradun. He filed an application under Section 21(1)(b) of the Act on 5.7.80 before the Prescribed Authority, Dehradun for evicting the tenant from the premises specified in the schedule of the application, and further for the release of the said premises in his favour on the ground, inter alia, that the building in occupation of the tenant is in a dilapidated condition and is required for the purpose of demolition and new construction. It was further asserted in the said application that the landlord fulfils the conditions prescribed in Rule 17 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972, framed under Section 41 of the Act.

(3.) CONSEQUENTLY , the landlord moved an application on 14-3-85 before the learned Additional District Judge in Rent Control Appeal No. 140 of 1982. Thereafter, the learned Additional District Judge after necessary inspection of the building in question in the presence of the parties, after hearing them passed the impugned order dated 28-1-86 rejecting the application for review of his earlier judgment dated 8.2.1985.