KULWANTI RAI JAIN Vs. DISTRICT JUDGE MORADABAD

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the order dated 17.7.1993, which has been filed as Annexure-12 to the writ petition and also for restoring the order dated 1.9.1992, Annexure-10 to the writ petition, passed by the prescribed authority.

(2.) The brief facts, as stated in the petition, which are relevant for the purpose of the present petition are that the petitioner, who is a landlord filed an application against the respondent No. 3, (hereinafter referred to as the tenant) under Section 21 (1) (b) of U. P. Act No. 13 of 1972 (hereinafter referred to as the Act). The landlord alleged that the tenants (opposite party Nos. 3 and 4) are not in occupation of the shop in question situate at the ground floor ; it is in dilapidated condition and required demolition and reconstruction. The petitioner has filed a copy of the application as Annexure 1 to the writ petition.

(3.) The opposite party No. 3 (tenant) filed his written statement denying the condition of the shop to be dilapidated. Opposite party No. 4 also filed written statement taking the same ground as taken by the opposite party No. 3.