Prakash Krishna, J. - (1.) Raising a short controversy the present writ petition is at the instance of a tenant. The present writ petition arises out of proceedings initiated by the contesting landlords under Section 21(1 )(b) of the U.P. Act No. 13 of 1972 on the pleas inter alia that building in question which consists of more than three godowns is in dilapidated condition and as a matter of fact has fallen down, requires demolition and reconstruction. Hence its release was sought for. It was registered as P.A. Case No. 45 of 1978.
(2.) The release application was contested by the petitioner tenant on number of pleas including that even if major portion of the premises in question (House No 16/17) is in a dilapidated condition, a room and a tin shed is intact and therefore the building in question cannot be ordered to be released.
(3.) It may be placed on the record that the Presiding Officer himself made a spot inspection and found that except one small room and a tin shed the other portion earlier occupied by Gopal Das, the father of the petitioner has fallen to earth. The prescribed authority by its order dated 24th of March, 1979 allowed the application in part. It rejected the release application so far as it relates to one room and one tin shed is concerned.;