S.U.Khan, J. - (1.) Heard Sri Rahul Varma, the learned Counsel for the petitioner.
(2.) Landlord-respondent No. 3 Shamshad Ali filed a release application under Section 21 (1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act No. 13 of 1972 against the tenant-petitioner before Prescribed Authority/ Munsif, Karaina district Muzaffar Nagar in the form of Prescribed Authority Case No. 39 of 1986. Through the release application vacation of the two tenanted shops was sought. One shop is situate towards North and other towards South. Both the shops are adjacent. In the release application it was stated that towards West of the shops in dispute the landlord had constructed a house and the shops in dispute were required for passage. The landlord had stated that after getting possession of the shops he would demolish the same and use the open space as passage. The Trial Court through the judgment and order dated 12th January, 1990 dismissed the release application against which landlord-respondent No. 3 filed Rent Control Appeal No. 2 of 1990. VIth Additional District Judge, Muzaffar Nagar through judgment dated 25th January, 1991 allowed the appeal and released the Southern shop for passage purpose, hence this writ petition by the tenant.
(3.) I have held in Laxman Singh Rawat v. Addl. District Judge, Bulandshahr and others, 2004 (1) AWC 436 : 2004 (1) ARC 108, that under sub-clauses (a) of Section 21 (1) of the Act No. 13 of 1972, building may be released when it is required either in existing form or after demolition and reconstruction. Building cannot be released, only for demolition. According the release application was not maintainable.;