RAKESH TIWARI, J. - (1.) HEARD counsel for the parties and perused the record.
(2.) THIS is landlords petition. Petitioner -landlord filed release application under Section 21 (1) (b) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as U. P. Act No. XIII of 1972'), registered as P.A Case No. 1 of 1996 on the ground that the shop in dispute was in dilapidated condition being more than 70 years old, hence required demolition and reconstruction. The landlord also alleged that the tenants have not paid rent and taxes since 16.5.1984 and the shop in dispute has been sub let to one Sri Ali Nawaj son of Sri Abdul Wajeed. Original tenant Sri Lateef Ahmad died in 1984 and respondent Nos. 2 and 3 were substituted as his legal heirs and representatives. The tenancy devolved upon respondent Nos. 2 and 3 and they are in occupation of the tenanted accommodation.
(3.) THE respondent -tenants contested the release application by filing written statement denying the plaint allegations. They alleged that the shop in dispute was in sound condition, as such, did not require demolition and reconstructions. They also challenged the Commissioner's report on the ground that it was in regard to other case, as such, it had no relevance and Rule 7 of the Rules framed under U. P. Act No. XIII of 1972 was ignored.;