A.K.YOG, J. - (1.) PETITIONER , tenant on one room accommodation, has approached this Court against the judgment and order dated May 11, 2001/Annexure-10 to the petition whereby VIII Additional District Judge, Kanpur Nagar/Appellate Authority under Section 22 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U.P. Act No. XIII of 1972 (for short called 'the Act') reversed the judgment and order dated November 20, 1998/Annexure-4 to the petition passed by Prescribed Authority, under Section 21(1)(b) of the Act dismissing the release application of the landlord respondents on the ground that accommodation in the tenancy of the petitioner was dilapidated which required demolition and reconstruction.
(2.) IT is now settled by decisions of the Court, that building need be in ruinous condition or completely unfit for habitation. The Prescribed Authority committed a manifest error apparent on the face of record in appreciating the meaning of the expression "..that building in a dilapidated condition and is required for the purpose of demolition ...." used in Section 21(1) of the Act.
(3.) ON the other hand, Appellate Authority considered the relevant material on record and after appreciating evidence on record, held as of fact that building was in dilapidated (sic) which required demolition and reconstruction.;