RAM PRASAD Vs. SHASHI CHAURASIYA

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) Present petition has been filed for quashing the judgment and order dated 3.2016 passed by Prescribed Authority / Additioal Judge Small Causes Court, Court No. 2, Kanpur Nagar in Rent Case No. 28 of 2014 as well as order dated 17.1.2018 passed by Additional District Judge, Court No. 12, Kanpur Nagar in Rent Appeal No. 15 of 2016.

(3.) By the impugned order dated 2.2016 the release application filed by the landlady under Sec. 21(1)(b) of the U.P. Act 13 of 1972 was allowed holding that the building is in dilapidated condition. The appeal filed against the same was also dismissed. The release application was filed on the ground that the building is about 100 years old and is made by lakhori bricks and lime, the walls are suffering from cracks, the roof of the building is made by mud, dhanni and woods and the building is in very bad shape. The same was disputed by the tenantpetitioner herein. In support of her case the landlady has filed Engineer's Report and only objection was raised by the tenant that the building is not 100 years old and, infact, is a new construction, however, no Engineer's Report has been produced by the tenant.