SHANTI DEVI Vs. DR. ATMA DEV AND OTHERS

JUDGEMENT

(1.) This is a tenant's petition arising out of proceedings under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, (hereinafter called the Act).

(2.) Briefly stated the facts are that the opposite party No. 1 is the owner and landlord of the land bounded as below:

(3.) The application was contested by the present Petitioner in respect of the land let out to her. The application for release was resisted on a number of grounds. On 13th of December, 1972 she moved an application before the Prescribed Authority stating that only land was let out to her and a chhappar was constructed by her over this land. Boundary walls were also constructed and as such the land cannot be treated as building within the meaning of the Act and the application under Section 21 is not maintainable.