Narendra Kishore Mehrotra, J. - (1.) THIS is a writ petition under Article 227 of the Constitution for quashing the judgment and order date 31.8.1982 passed by the First Additional District Judge, Faizabad in Misc. Civil Appeal No. 17 of 1980 (Rent Appeal) Waqf Madarsa Ahmadia Hanfia Mughalpura v. Mohd. Shareef. The opposite party No. 1 through its Mutwalli Maulana Faizullah Sahab moved an application before the Prescribed Authority under U.P. Urban Buildings Act, 1972 (hereinafter referred to as the Act) under section 21(1)(a) and (b) of the Act against the petitioner -tenant for the release of the part of the house No. 269 under the tenancy of the petitioner. Admittedly the disputed premises is Waqf Property. It was allotted by the opposite party that there is no appropriate place for the teachers of Waqf Madarsa Ahmadia Hanfia and therefore the teachers of this Madarsa do not stay for long in the Madarsa. It was alleged that the disputed accommodation is required for the residence of the teachers and hostel of the students getting education in the Madarsa of the Waqf opposite party. It was also alleged that the House No. 269 is in dilapidated condition and it was required for the teachers of the Madarsa after reconstruction.
(2.) THE petitioner -defendant filed objections alleging therein that the House No. 269 is three -storied building consisting of four rooms in the lower storey which is being used for classes of the students. There is one another room, which was being used for the residence of the Mutwalli and his family members. There has never been more than three teachers in Madarsa Ahmadia Hanfia Mughalpura and they are permanent resident of City of Faizabad and have been residing in their own houses. This Madarsa imparts education up to Class 5 and the students up to the age of 10 to 11 years are studying. All the students are day scholars and do not require hostel accommodation. The house No. 269 is not in dilapidated condition and there is no need for its reconstruction for the next 50 years. Madarsa Ahmadia Hanfia is a Waqf whose Board is at Lucknow. There are three members in the Committee of the Waqf, there was no resolution of the committee of the waqf for filing the release application for eviction of the tenant.
(3.) THE Prescribed Authority dismissed the release application vide judgment dated 22.12.1979 as contained in Annexure No. 10. The Prescribed Authority recorded the finding that as per Commissioner Report the religious education is being imparted in the four rooms of the premises of the Madarsa and in the other two rooms in the upper storey Mutwalli - -Head Master is in occupation for his residence. The upper storey consists of four rooms one Courtyard, open room, latrine and bath -room. There are five teachers including one Mutawalli -Headmaster and his daughter. The Prescribed Authority has further held that there is accommodation in the second storey of the building in use of Madarsa and the Mutwalli can fulfill his requirement after raising construction in the second storey. After taking into consideration the affidavit of the witnesses it has been held that the disputed premises is situated at the distance of 3 Kms. from the building being used for Madarsa and the premises in suit cannot be said to be appropriate for the purpose of the hostel which is at a distance of 3 Kms. from the school. It has been further held that there is no inconvenience to the students of this Madarsa for want of hostel and there is no such need that students from outside are required to come and reside in the hostel. The learned Prescribed Authority has further held that the affidavits of the witnesses of the landlord are worth believing. The Prescribed Authority has further held that it is not proved by the report of the Commissioner that the disputed premises is not worth residing and there is no force in the statement of the landlord that the building in the tenancy of the petitioner is in dilapidated condition and is required reconstruction. The opposite party -landlord filed an Appeal, which has been allowed, vide judgment dated 21.8.1982 as contained in Annexure No. 11. It is against this judgment that this Writ petition has been filed. Section 21(1)(a)(b) are as follows: - - 21. Proceedings for release of building under occupation of tenant. - -(1) The Prescribed Authority may, on an application of the landlord in that behalf order the eviction of a tenant from the building under tenancy or any specified part thereof if it is satisfied that any of the following grounds exists, namely - - (a) That the building is bonafide required either in its existing form or after demolition and new construction by the landlord for occupation by himself or any member of his family, or any person for whose benefit it is held by him, either for residential purposes or for purposes of any profession, trade, or calling, or where the landlord is the trustee of a public charitable trust, for the objects of the trust; (b) That the building is in a dilapidated condition and is required for purposes of demolition and new construction. ;