- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) THE petitioner is tenant of northern portion of the accommodation claiming to be the tenant of Sri Hari Ram. Smt. Leelawati widow of late Sri Babu Ram moved an application under Section 21 (1) (b) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act No. 13 of 1972 inter alia that the house in dispute No. 124 situate in Mohalla Chaukasi, Shahjahanpur was purchased by her on 19th September, 1980 from its erstwhile owners, Sri Radhey Lal, Sri Hari Ram Srivastava, Smt. Sharda Devi, Sri Adhey Lal and Sri Ravi Kiran. THE house in dispute was more than 80 years old and was in dilapidated condition, as such required demolition and reconstruction. After receipt of the notice the petitioner-tenant filed his written statement stating therein that no inspection had even been made by the Rent Control Inspector in pursuance of the release application filed by the landlord and an incorrect report was given by the Commissioner, as such an application dated 11-7- 2003 was moved by the petitioner under Section 151 read with Section 34 (1) (c) of the Act requesting for inspection of the accommodation in dispute by an Advocate Commissioner appointed by the Court for ascertaining the age and life of the building in dispute. The application dated 10-3-2003 moved for appointment of Advocate Commissioner was rejected by the trial Court vide order dated 11- 7-2003. Aggrieved by the aforesaid order dated 11-7-2003 rejecting his application the petitioner preferred an appeal which has also been rejected vide judgment and order dated 6-9-2003.
(3.) THE petitioner has challenged the orders dated 29-11-1997 and 6-9-2003 which have been appended as Annexures-7 and 8 to the writ petition and has prayed for a direction in the nature of mandamus commanding and restraining the respondents from evicting the petitioner from the accommodation in dispute and also to restrain the respondents from demolishing the accommodation in dispute. The landlady died, in the meantime. The grand-sons who were minors claimed the property on the basis of registered will dated 30-10-1996.;