V.K. Khanna, J. - (1.) This is a tenant's writ petition filed against the decision of the VIIth Additional District Judge, Ghaziabad dated 18-12-1986 dismissing the appeal filed by the petitioner against the decision of the Prescribed Authority allowing the application of the landlord under Section 21 (1) (b) of U.P. Act No. 13 of 1972.
(2.) At the very out set it may be mentioned that the contesting respondent accepted the notice and the parties have exchanged counter and rejoinder affidavits. The writ petition is thus being decided finally in accordance with Rules of the Court.
(3.) Learned Counsel for the petitioner has challenged the appellate judgment dated 18-12-1986 on the ground that it had not taken into consideration the additional evidence which had been filed by the petitioner at the appellate stage. The precise argument which has been raised by the learned Counsel for the petitioner is that the agreement to sell, which had been executed by the landlord in respect of the property in dispute clearly disclosed the intention of the landlord not to demolish and reconstruct the property as required by Section 21 (1) (b) of U.P. Act No. 13 of 1972. On the other hand, it disclosed that the landlord wanted to sell the property in order to earn good money. On the basis of the facts evidenced from the agreement to sell it has been straneously urged that the application of the landlord under Section 21 (1) (b) ought to have been rejected.;