B. N. Sapru, J. - (1.) KALIASH Nath Verma has filed Writ Petition No. 9816 of 1981 is the owner and landlord of House No. 10/4, Khalasi Lines, Kanpur.
(2.) ACCORDING to Kailash Nath Verma, one Ganesh Prasad Gupta was a tenant of a portion of the house and the accommodation in his possession consisted of one Kothari and a Chhajja in the first floor and a Barsati on the second floor of the aforesaid house. It is the case of the petitioner that Ganga Prasad Gupta vacated the accommodation and the same was allotted to one Chandra Prakash Dixit by an order of allotment No. 206 dated 8-4-1975. Shyam Lal Gupta, the respondent no. 3 in the writ petition (who is also a petitioner in Writ Petition No. 7511 of 1980), was, according to the petitioner, in illegal possession of the building and consequently in proceedings under Section 16 (5) of the U. P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as 'the Act') he was evicted. Shyam Lal Gupta filed an application under Section 16 (5) of the Act for review of the order of allotment dated 21-5-1976 which was allowed and he was held to be a lawful tenant of the accommodation in dispute. An appeal against the said order was dismissed and a writ petition challenging the appellate order was also dismissed on 18-9-1978.
(3.) ON 27-9-1978, Shyam Lal Gupta filed an application under Section 16 (4) read with Section 18 (3) of the Act before the Additional District Magistrate (Civil Supplies), Kanpur, requesting that he be delivered possession over the building in dispute. The petitioner (Kailash Nath Verma) contested the aforesaid application on the ground that the roof of the building had fallen down and as the accommodation had ceased to be a building, there was no question of delivering back possession to Shyam Lai Gupta.;