Sibghat Ullah Khan, J. - (1.) LIST revised. No one appears for the tenants -respondents. Heard learned Counsel for the petitioner.
(2.) THIS is landlord's writ petition arising out of eviction proceedings under section 21 of U.P. Act No. 13 of 1972 initiated by him against tenants -respondents 2 to 9. Smt. Lavania Biswas and others. Accommodation in dispute is situate on the first floor and is residential in nature. Tenants -respondents are residing in the said accommodation. Landlord asserted that building was in a dilapidated condition and he also required the same for his own use. Prescribed Authority Munsif City, Jaunpur before whom release application was registered as Case No. 28 of 1980 treated the application to be under section 21(1)(b) of the Act. Prescribed authority allowed the release application on 22.12.1981 and directed the tenants to deliver possession to the landlord within 30 days. Landlord was further directed to complete the constructions of ground floor as well as first floor within three months from taking possession and let out the first floor accommodation to the tenant. It was further directed that the area of newly constructed portion to be given to the tenant must be of same as the area of existing tenanted accommodation.
(3.) LANDLORD had stated that on the ground floor he would be constructing shops and godowns etc. Prescribed Authority permitted him to do the same. However, as ground floor was not in tenancy occupation of the tenant hence it was wholly irrelevant that what sort of construction landlord intended to make on the ground floor.;