Sudhir Agarwal, J. - (1.) -Heard Sri K.M.Garg, Advocate for the petitioner, Sri R.C.Singh, Advocate for respondents No.1 and 4 and Sri M.K. Gupta, Advocate for respondents No.5 to 10.
(2.) This writ petition is directed against judgment and order dated 19th July, 2001 (Annexure 21 to the writ petition) passed by XVIth Additional District Judge, Kanpur Nagar in Rent Appeal No.39 of 1999, allowing the appeal filed by respondents No.1 to 4 and setting aside Trial Court's judgment and order dated 23rd January, 1999 passed in Case No.12 of 1993 under Section 21(1)(b) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972"), directing the petitioner to hand over vacant possession of disputed accommodation to the respondents No.1 to 4 within 45 days so that respondents-landlords may demolish and reconstruct the same, where after the petitioner-tenant may get the accommodation again.
(3.) The respondents No.1 to 3 are sons of Sri Ganesh Shanker Gupta and respondent no.4 is the wife of respondent No.1. These four respondents filed an application under Section 21(1)(b) of Act, 1972 before Prescribed Authority, Kanpur Nagar registered as Release Case No.12 of 1993 stating that accommodation comprise of seven rooms, one store room, two kitchens, one Kothari, Dalan, Verandah, latrine, bathroom and courtyard situated on the ground floor of House No.25/13 (new number 25/16), Karachi Khana, Kanpur, is in the tenancy of petitioner and now being in dilapidated condition, needs to be demolished for reconstruction and therefore it be directed to be vacated for the said purpose.;