SMT. FATIMA KHATOON Vs. SRI JAVED AHMAD

JUDGEMENT

(1.) Heard Sri K.K. Tripathi, learned counsel for the petitioner/defendant and Sri Manish Tandon, learned counsel for respondent/plaintiff nos. 1 and 2/landlord.

(2.) This petition under Art. 227 of the Constitution of India has been filed praying to set aside the judgment and order dated 26.07.2007 in Rent Case No. 23 of 2000 (Javed Ahmad and Ors Vs. Smt. Jilai and others) passed by the Prescribed Authority/Civil Judge (Sr. Div.), Kanpur Nagar and the order dated 19.05.2017 in Rent Appeal No. 26 of 2007 (Smt. Fatima Khatoon Vs. Javed Ahmad and Ors) passed by the court of Additional District Judge, Court No. 24, Kanpur Nagar.

(3.) Briefly stated facts of the present case are that the respondent nos. 1 and 2/plaintiffs are the owners/landlords of House No. 150, Faithfulganj, Cantt., Kanpur which they purchased from Smt. Jannatun Begum by registered sale deed dated 19.03.1986. It is undisputed that Smt. Jannatun Begum was the owner and landlord of the disputed house and thus, the respondents/plaintiffs have become owners and landlords of the disputed house after its purchase on 19.03.1986. An application under Sec. 21(1) (b) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter to be referred as the 'Act') was filed by the respondents/plaintiffs no. 1 and 2 before the Prescribed Authority. The respondents/plaintiffs have led documentary evidences including a report of an Engineer which disclosed that the house in question is in a dilapidated condition which is about 80 years old and its walls and ceiling are in a very bad condition. It was also alleged by the respondent/plaintiff nos. 1 and 2 that the original tenant was one Sri Nabbu son of Ala Bux who has handed over the disputed portion to the petitioner/defendant no. 5 as sub-tenant. The Prescribed Authority considered the evidences on record and recorded a finding of fact that the disputed house is in a dilapidated condition. On the basis of evidences, it was also found that the defendant no. 4 Sri Nabbu Lal was the original tenant. Considering the facts and circumstances of the case and evidences on record, the Rent Case No. 23 of 2000 filed by respondents/plaintiffs was allowed and the suit was accordingly decreed by the impugned judgement dated 26.07.2007. Aggrieved with this judgment and decree, the petitioner/defendant filed Rent Appeal No. 26 of 2007 (Smt. Fatima Khatoon Vs. Javed Ahmad and Ors) which was dismissed by the court of Additional District Judge, Court No. 24, Kanpur Nagar by the impugned order dated 19.05.2017. Before the appellate court, petitioner/defendant admitted that undoubtedly the disputed houses in dilapidated condition but the portion in his possession is in a good condition and therefore, the provisions of Sec. 21(1)(b) of the Act are not attracted with respect to the disputed portion of the house in question. The submission so made was rejected by the appellate court in view of the law laid down by this Court in the case of Riyazur Rahman Khan and Anr. Vs. IInd Addl. District Judge, Rampur and Ors. (2006) 2 ARC 434. Aggrieved with these two judgments, namely the judgment passed by the Prescribed Authority and the judgment passed by the appellate court as aforesaid, the petitioner/defendant has filed the present petition.