KANHAIYA LAL Vs. IVTH ADDITIONAL DISTRICT JUDGE BASTI

JUDGEMENT

(1.) SUDHIR Narain, J. This writ petition is directed against the order dated 19-10-1995 passed by respondent No. 1 allowing appeal against the order of Prescribed Authority and releasing the disputed premises in favour of landlord-respondent No. 3, under Section 21 (1) (b) of U. P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (in short "the Act" ).

(2.) IT is admitted that Thakur Ram Janki Mandir, Bahelia Tola, Mangal Bazar, Ward No. 3, Purani Basti, respondent No. 3 is the landlord of the premises in ques tion situate in Mohalla Mangal Bazar, Tappa Haveli, Pargana and District Basti. The petitioner has taken the shop on rent. Respondent No. 3 filed an application in the year 1983 under Section 21 (1) (b) of the act on the allegation that the premises in question was constructed more than 50 years ago. IT is in a dilapidated condition. The walls of the building have developed cracks. ITs ceiling has also given way at several places. IT was alleged that the map for reconstruction was sub mitted to the Municipal Board and it has been sanctioned. Respondent No. 3 has financial capacity to reconstruct the shop.

(3.) RESPONDENT No. 3 filed an appeal. The appellate authority has reversed the findings recorded by the prescribed Authority vide its order dated 19-10-1995 and he allowed the appeal and released the disputed premises in favour of respondent No. 3. The Petitioner has challenged this order in the present writ petition.