J.C.Gupta, J. - (1.) Heard.
(2.) This is tenant's writ petition, Landlord's application moved under Section 2! (1) (b) of the U. P. Act No. XIII of 1972 Iheretnafter referred to as the Act) has been allowed by the Prescribed Authority by the order dated 19.5.1994, which order has been confirmed by the appellate authority in its order dated 27.3.98. Both the Courts below have found concurrently that the building under tenancy of the petitioner is in a dilapidated condition and requires demolition and reconstruction. The requirements of Rule 17 of the Rules framed under the Act have also been complied with by the landlord as par the findings recorded by the Courts below.
(3.) It was argued by the learned counsel for the petitioner that the finding of the Courts below that the building is in a dilapidated condition and requires demolition is erroneous inasmuch as there is no specific finding that the building is beyond repairs and in the absence of such a finding, the building could not be held to be dilapidated. In support of his contention reliance has been placed on a few decisions.;