MAHENDRA PRATAP Vs. SAROJ GUPTA

JUDGEMENT

(1.) A supplementary affidavit has been filed in compliance of order dated 18.12.2018.

(2.) The instant writ petition is directed against the judgment and order dated 23.11.2018 passed by Additional District Judge, Court No. 11, Kanpur Nagar in Rent Appeal No. 78/2009 whereby, the appeal filed by the respondent-landlord under Section 22 of U.P. Act No. 13 of 1972 (for short 'the Act') has been allowed and an order of eviction has been passed against the petitioners. The impugned order grants thirty days' time to the petitioners to vacate the tenanted premises. The order also directs the respondent-landlord to demolish and reconstruct new building in place of the existing one within six months and thereafter, handover possession to the petitioners. The said direction has been issued to ensure compliance of Section 24(2) of the Act. The portion of the newly constructed building which is to be let out and the rent therefor have been left open for determination as per the procedure prescribed.

(3.) The respondent-landlord filed a release application under Section 21(1)(b). The Prescribed Authority found the building to be in dilapidated condition and also recorded a finding that it required demolition and reconstruction. However, it observed that the respondent-landlord in paragraph 14 of the release application and paragraph 22 of the affidavit had taken a stand that after demolition and reconstruction, the building will be used by herself and will not be let out to anyone. This was construed as an impediment in the way of the tenant in exercising his right under Section 24(2) of the Act and consequently, the release application was rejected.