GOPAL Vs. VIIITH ADDITIONAL DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) ALL these writ petitions were heard together and are being disposed of by a common judgment, as was jointly suggested by the learned counsel for the parties. Writ petition no. 43306 of 1999 is the lead case. Arguments were advanced with reference to the facts of this case and it was stated by the learned counsel for the parties that the decision given in writ petition no. 43306 of 1999 will be equally applicable to the other connected writ petitions.

(2.) THESE writ petitions arise out of proceedings initiated against the petitioner by the contesting respondents herein, under Section 21 (1) (b) of U. P. Act No. 13 of 1972 in respect of a portion of house no. 148, Nuniya, Mohalla Sadar Bazar, Meerut Cantt. The petitioner Gopal is the tenant of a portion of the said house on monthly rent of Rs. 50/- for the last 45 years and it originally belongs to one Smt. Gulzari Devi who passed away on 28-10-1987 and the landlords the contesting respondents are the heirs and legal representatives of Smt. Gulzari Devi (deceased ). An application under aforesaid Section 21 (1) (b) of the Act was filed which was registered as P. A. Case no. 58 of 1994 on the allegations that the said house is in dilapidated condition and requires demolition and reconstruction. The material used in building the said house has outlived its utility and it can fall down any time. The said application was contested on the pleas inter alia that the house in dispute, and the portion in the tenancy in particular, is not in dilapidated condition and does not require any demolition and reconstruction.

(3.) THE parties led evidence in support of their respective cases. The respondents landlords filed a report of Sri Abhay Prakash Gupta, Retired Assistant Engineer P. W. D. dated 26-3-1995 in support of their case that the house in dispute is in dilapidated condition and is fit for demolition and reconstruction. In contra, the petitioner filed a report of Sri D. L. Nagpal, a registered Architect dated 17-10-1995.