SHAREEF AHMAD Vs. GAYATRI DEVI

JUDGEMENT

(1.) Heard Sri B.K. Srivastava, learned senior counsel assisted by Ms. Pooja Srivastava and Sri P.K. Jain, learned senior counsel assisted by Sri Abu Bakht for the respondent. With their consent, the instant writ petition is being decided finally, without inviting a formal counter affidavit.

(2.) The petitioner is tenant of a room and verandah on ground floor of building No. 98-C, Mohalla Nai Mandi, Muzaffar Nagar. The respondent-landlord filed a release application under Section 21(1)(b) of U.P. Act No. 13 of 1972 against the petitioner and two other tenants namely, Chandra Mani Sharma and Ravindra Kumar, who occupied different portions of the same building. It was alleged that the entire building was in dilapidated condition and requires demolition and reconstruction. The landlord also claimed that she had complied with the requirements of Rule 17 of the Rules framed under the Act. In support of her case, the landlord brought on record report of an expert, who supported the case of the landlord.

(3.) The petitioner and two others contested the proceedings by filing a common written statement and a common plea that the tenements in their tenancy are not in dilapidated condition was taken. They also brought on record the report of their expert in support of the said plea.