Rakesh Tiwari, J. - (1.) HEARD Counsel for the parties and perused the record. This writ petition has been filed for quashing the order dated 31.5.2002 passed by the Additional District Judge, Court No. 4, Allahabad in Rent Appeal No. 48 of 1990 whereby the appeal was allowed setting aside the order dated 12.1.90 passed by the Prescribed Authority/IInd. Addl. Civil Judge Allahabad in P.A. Case No. 24 of 1997.
(2.) THE respondents -landlord filed P.A. Case No. 24 of 1987 under section 21(1) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the U.P. Act No. 13 of 1972) before the Prescribed Authority/IInd Addl. Civil Judge, Allahabad alleging themselves to be the landlords of house No. 152/154, Shahganj, Allahabad measuring 780 sq. meters in which the petitioners are tenants in common at the rate of Rs. 12/ - per month. It was pleaded in the release application that the building in tenancy of the petitioners is a very old construction and 3/4th portion of it has already fallen down. It was averred that at present there exist only two small Kotharies and a verandah. The construction is a kachcha one with Khapraila (tiled) roof, the walls of which have also developed cracks with passage of time and the remaining construction can also fall down any time, hence the building requires demolition and reconstruction. It was also stated in the application that the landlords have already got a plan sanctioned on 26.2.1985 from Allahabad Development Authority, Allahabad and they have the financial capacity to undertake demolition and reconstruction of the building.
(3.) IN the release application bonafide need of the landlords for their own use and occupation after its reconstruction was also set up.;