Girja Shankar vs District Judge,Banda and Others

Yatindra Singh, J.—This is the writ petition against the orders dated 2741985 (Annexure 25 to the writ petition) and order dated 2621985 (Annexure 21 to the writ petition) passed by respondent Nos. 1 and 2 in proceedings under Sections 21(l)(a) and 21(l)(b) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (the Act for short).

Respondent No. 3 is the landlord. He filed an application under Section 21(l)(a) read with Section 21(l)(b) in respect of shop in dispute that it is in dilapidated condition and he bonafide requires the shop for his personal use. The Prescribed Authority rejected the application of the landlord under Section 21(l)(a) of the Act and held there is no bonafide need of the landlord, but he has allowed the application under Section 21(i)(b) of the Act on the finding that the shop is in dilapidated condition and it requires reconstruction. Aggrieved by this order revision was filed. No appeal was filed by the landlord. So far as the finding given by the Prescribed Authority under Section 21(l)(a) was concerned, it became final between the parties. So far as the other finding under Section 21(l)(b) was concerned the Appellate Court after considering the report of Collector Singh, and Affidavit of A.P. Beg and Sajjad Hussain has held the shop in question is in dilapidated condition. These are the finding of fact and cannot be interfered in this Court. So far as the sanction of plan and fund available to the landlord is concerned, no documents were advanced before him and as such, the Appellate Court has not considered it. There is no illegality in the order, writ petition has no merit, it is dismissed. However, petitioner is granted time till 31 August, 1999 to vacate the premises. The landlord shall complete the construction by 3152000. Petitioner shall have right of re entry in accordance with law.