PAWAN KUMAR AND ORS. Vs. ADDL. DISTRICT JUDGE-IV AND ORS.
LAWS(ALL)-2014-12-272
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on December 16,2014

Pawan Kumar And Ors. Appellant
VERSUS
Addl. District Judge -Iv And Ors. Respondents

JUDGEMENT

- (1.) Heard learned Counsel for the parties. The instant writ petition has been filed by the tenant-petitioners for quashing of the order dated 18.5.2006 passed by the IV Additional District Judge, Faizabad in Misc. Civil Appeal No. 11 of 2003 and the order dated 19.2.2003 passed by the Prescribed Authority/Civil Judge Sadar (Junior Division), Faizabad in P.A. Case No. 36 of 1992. The brief facts of the case are that the opposite party No. 3-landlord moved an application for release of the premises in question on the ground that the building is in dilapidated condition and is required for demolition and reconstruction. The petitioners-tenant contested the case, but the learned Prescribed Authority found that the building was in dilapidated condition and was required for demolition and reconstruction and accordingly allowed the release application by the order dated 19.2.2003.
(2.) Feeling aggrieved by the order of the Prescribed Authority, the tenant-petitioners preferred an appeal before the District Judge, Faizabad, which was dismissed by the judgment and order dated 18.5.2006.
(3.) During the course of arguments before this Court, the petitioners expressed their willingness that they are ready to vacate the premises under their occupation provided the opposite party No. 3-landlord let out the building again after its reconstruction within a time frame fixed by this Court.;


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