GUR PRASAD Vs. FIRST ADDITIONAL DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) R. K. Sharma, J. A learned Single Judge referred the following question for decision by a larger bench "whether the need of the landlord under Section 21 (1) (a) can be considered even if the landlord had pleaded that the building is in a dilapidated condition and requires demolition?

(2.) WE have heard the learned counsel for the parties.

(3.) WHEN the composite application under Clauses (a) and (b) of Section 21 (1) is made by the landlord it is open to him to press his case under any of the two clauses. He may claim eviction of the tenant under Clause (a) if proves bona fide requirement of the building for his personal occupation and also satisfies the other requirements laid down by the relevant Rules. In such a case even if the building is in dilapidated condition which requires demolition and new construction the case will be covered by Clause (a) and not by Clause (b ). If the landlord fails to satisfy the requirement of Clause (a) he can still press the application for release of the building under Clause (b ). "