- (1.) This is a tenant's petition arising out of proceedings under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, (hereinafter called the Act).
(2.) Briefly stated the facts are that the opposite party No. 1 is the owner and landlord of the land bounded as below: North : Gali South : Road East : Shop of Angan West : House of Lai Kallimal The opposite party No. 1 moved an application under Section 21 of the new Act against a number of his tenants for release of the said land and a room built thereon. It was alleged that he along with his wife, who are medical practitioners, want to construct a Nursing Home and the disputed land is most suitable for this purpose.
(3.) The application was contested by the present Petitioner in respect of the land let out to her. The application for release was resisted on a number of grounds. On 13th of December, 1972 she moved an application before the Prescribed Authority stating that only land was let out to her and a chhappar was constructed by her over this land. Boundary walls were also constructed and as such the land cannot be treated as building within the meaning of the Act and the application under Section 21 is not maintainable.;