VED PRAKASH Vs. SUSHIL KUMAR AND ORS

JUDGEMENT

(1.) Heard Sri Anil Sharma, learned Counsel for the petitioner and Sri K.M. Garg, learned Counsel for the respondent.

(2.) This writ petition has been filed for quashing the order dated 7.9.2007 (Annexure-2 to the writ petition) passed by respondent No. 2 and order dated 28.7.2004 (annexure No. 1 to the writ petition) passed by respondent No. 3.

(3.) The petitioner being landlord initiated a proceeding against the respondent-tenant for release of the said accommodation under Section 21(1)(a) of Act No. 13 of 1972 with the allegation that the petitioner is the owner of the shop in question situated at Station Road, Nagina, district Binjor which is a part of the house of the petitioner on a monthly rent of Rs. 275/- per month excluding taxes. A notice was given to the respondent on 31.7.1987 under Section 106 of the Transfer of Property Act stating therein that the construction of the building was done in the later period of 1977. The respondent replied the notice and in para 6 of the notice it has been admitted that the construction is about 11 years old. The Prescribed Authority taking into consideration that the building in question has been constructed in the month of December 1977, therefore, the application under Section 21 of the Act is not maintainable in view of the Section 2 (2) of the U.P. Act No. 13 of 1972. The petitioner filed an appeal against this order. The appeal too has been dismissed holding therein that as in view of the various judgment of the Hon'ble Apex Court if upon building the Act No. 13 of 1972 is not applicable, the application under Section 21 (1) (a) of the Act is not maintainable. Holding this finding the appeal has been dismissed.