SALIM AHMAD Vs. DISTRICT JUDGE SAHARANPUR

JUDGEMENT

(1.) SUDHIR Naniin, J. This writ petition is directed against the order dated 26-3-1w passed by respondent No. 1 al lowing tilt appeal and dismissing the release application filed by the petitioner.

(2.) BRIEFLY staled, the facts are that the petitioner filed an application under See-lion 21 (l) (b) of U. P. Urban Buildings (Regulation of Letting, Rent and Evic tion) Act, 1972 (in short the Act) against Mubarak AH respondent No. 5 with the allegations that Smt. Raisa wife of Akil Ahmed (mother of the petitioner) pur chased the property in dispute and Mubarak Ali was the tenant since before the purchase of the property. Smt. Raisa made an oral gift of the disputed property in his favour. She had also directed the tenant to pay rent to the petitioner. He started realising the rent from him. The disputed property is in a dilapidated condi tion and cracks have developed in walls and ceiling, it requires demolition and reconstruction.

(3.) RESPONDENT No. 1 has allowed the appeal holding that the disputed premises is not a shop but is part of big house. The application filed by the petitioner was rejected on 26-3-1996.