D.Agarwal, J. - (1.) This is a petition under Art. 226 of the Constitution of India arising out of proceedings for release under Section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred to as the Act.
(2.) The house in dispute is No. 4/316, Dhobiwala Ahata, Baluganj, Agra. The petitioner is the landlady, Respondent No. 3 Babu Khan is the tenant. The petitioner moved an application under S. 21 of the Act which was rejected by the prescribed authority by order dated 12th Feb., 1975. An appeal was filed under Section 22 of the Act. The III Additional District Judge, Agra, by his judgment dated 15th November, 1977 dismissed the appeal. The present petition has been filed challenging the orders dated 13th Feb. 1975 and 15th Nov. 1977.
(3.) Learned counsel for the petitioner has urged firstly that the finding that the application is not maintainable in law as the heirs of Chand Khan have not been brought on record is a finding erroneous in law. His next submission is that the approach of the court below in regard to the meaning of the word dilapidated as used in Section 21 (1) (b) of the Act is erroneous and the finding that the house is not in a dilapidated condition is vitiated in law.;