BACHI LAL Vs. ADDL CHIEF JUDICIAL MAGISTRATE-II/ UPPER CIVIL JUDGE SD PRESCRIBED AUTHORITY
LAWS(ALL)-2008-4-195
HIGH COURT OF ALLAHABAD
Decided on April 03,2008

BACHI LAL Appellant
VERSUS
ADDL CHIEF JUDICIAL MAGISTRATE-II/ UPPER CIVIL JUDGE SD PRESCRIBED AUTHORITY Respondents

JUDGEMENT

- (1.) THIS petition has been filed by the tenant for setting aside the judgment and order dated 28th May, 1999 passed by VIth Additional district Judge, Jhansi by which the appeal filed by the landlord for setting the order passed by the Prescribed Authority was allowed.
(2.) THE records of the writ petition indicate that the landlord had filed an application under section 21 (1) (a) and (b) of the Uttar Pradesh Urban buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'act' ). It was stated that not only the building was bona fide required for the landlord but it was also in a dilapidated condition and was required for the purposes of demolition and new construction. The application was contested by the tenant.
(3.) THE Prescribed Authority rejected the application filed by the land-lord holding that neither the need of the landlord was not bona fide and nor was the building in a dilapidated condition. Feeling aggrieved, the landlord filed an appeal under section 22 of the Act. The appeal was allowed holding that the building was in a dilapidate and that it was bona fide required by the landlord.;


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