M.P. Saxena, J. - (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. 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.
(3.) THE Prescribed Authority allowed the application for release. In respect of the plea of maintainability of the application he said: The O.P. alleged through an application that as only a chhappar (hut) stands on the plot in question, it is not covered by the definition of the word 'building' and the provisions of U.P. Act No. XIII of 1972 are therefore, not applicable to it. The applicant contested this application and gave out that a room stands on the land which is bounded by a pucca wall. From the certified copy of the order in Misc. Case No. 36/64 instituted by the father of the O.Ps. against the applicant and others reveals that Sri Ram Saran Das through whom the O.Ps. had inherited the tenancy rights moved an application Under Section 7 -C of the U.P. Act III of 1947 regarding the deposit of rent in court in respect of this land. In case there had been no room on the land it could not have fallen within the purview of Act III of 1947 and the O.Ps. could not have moved an application Under Section 7 -C of that Act. From this as also other evidence on record I am satisfied that the provisions of Act XIII of 1972 are applicable to the premises and the application under Section 21 is maintainable. The application submitted by the O.Ps. in this regard is rejected.;