TILAK RAJ Vs. IIIRD ADDITIONAL DISTRICT JUDGE, SAHARANPUR

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 7.8.1995 passed by the Prescribed Authority releasing the disputed accommodation in favour of landlord-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 30.1.1996 passed by respondent No. 1 dismissing the appeal against the aforesaid order.

(2.) RESPONDENT No. 3 purchased House No. 399, Ambala Road, Saharanpur from one Krishna Kumar Khemka through registered sale deed dated 14.9.1994. There are seven shops in this property. Petitioner is tenant of Shop No. 1/399/7. Respondent No. 3 filed an application under Section 21(1)(b) of the Act on 22.11.1994 against the petitioner on the allegation that the shop in question is in dilapidated condition and requires demolition and reconstruction. Petitioner filed written statement and denied that the shop in question was in dilapidated condition. The parties led evidence in the case. The Prescribed Authority found that the shop in question is in dilapidated condition and required demolition and reconstruction. It was further found that respondent No. 3 has sufficient income to reconstruct the shops and the plan for reconstruction was sanctioned by the competent authority. The application was allowed by order dated 7.8.1995. The petitioner preferred an appeal against the said order and respondent No. 1 has dismissed the appeal on 30.1.1996. Petitioner has challenged these orders in the present writ petition.

(3.) THE petitioner neither applied for appointment of Commissioner before the Prescribed Authority nor made a request to the Prescribed Authority to make local inspection. Similarly before the Appellate Authority the petitioner never applied for appointment of Commissioner nor requested the Appellate Authority to make local inspection. The Appellate Authority in its order has observed that the petitioner never made request to make local inspection. The petitioner now cannot urge that the Prescribed Authority or the Appellate Authority committed any illegality by not appointing Commissioner to make local inspection. The Prescribed Authority in these circumstances was justified in recording finding on the basis of evidence adduced by the parties.