RADHEY SHYAM RASTOGI Vs. ASHISH KUMAR

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.

(2.) THE petitioner is tenant of northern portion of the accommodation claiming to be the tenant of Sri Hari Ram. Smt. Leelawati widow of late Sri Babu Ram moved an application under Section 21 (1) (b) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act No. 13 of 1972 inter alia that the house in dispute No. 124 situate in Mohalla Chaukasi, Shahjahanpur was purchased by her on 19th September, 1980 from its erstwhile owners, Sri Radhey Lal, Sri Hari Ram Srivastava, Smt. Sharda Devi, Sri Adhey Lal and Sri Ravi Kiran. THE house in dispute was more than 80 years old and was in dilapidated condition, as such required demolition and reconstruction.

(3.) THE petitioner has challenged the orders dated 29-11-1997 and 6-9-2003 which have been appended as Annexures-7 and 8 to the writ petition and has prayed for a direction in the nature of mandamus commanding and restraining the respondents from evicting the petitioner from the accommodation in dispute and also to restrain the respondents from demolishing the accommodation in dispute.