M.P.Saxena, J. - (1.) This is a landlady'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.) Smt. Kailashwati, petitioner, is the owner of a three storeyed building No. 753 (Old No. 757) Railway Bazar, Haldwani, distt. Nainital). Ram Prakash opposite party No. 2, is a tenant in a shop forming part of this house. He is carrying on cycle repairing work in this shop for the last 10 or 12 years. On 15.12.1971 the landlady moved an application under section 3 of the U.P. Act III of 1947 for permission to file a suit for ejectment against opposite party No. 2 on the ground that the entire building has become in a dilapidated condition and requires to be re-constructed. She also gave out that another building contiguous to it is owned by her husband and she wants to combine both the buildings and make them to suit the increasing demand of her growing family. She also gave out that her family is increasing and there is bona fide need of additional accommodation both for residential as well as business purposes. According to her two other tenants occupying a portion of House No. 757 have already vacated their portions in view of her needs.
(3.) The U.P. Act XIII of 1972 came into force during the pendency of these proceedings and the application was treated an application as under section 21 of this Act.;