LAWS(ALL)-1997-3-202

SHASHI GOYAL Vs. SECOND ADDL. DIST. JUDGE

Decided On March 11, 1997
SHASHI GOYAL Appellant
V/S
Second Addl. Dist. Judge Respondents

JUDGEMENT

(1.) THESE are two petitions under Article 226 of the Constitution of India challenging the orders passed by the 2nd Additional District Judge, Bulandshahr, in Rent Control Appeal Nos. 40 and 39 of 1991 whereby he allowed the appeal of the tenant respondents against the orders of the prescribed authority ordering their eviction from the respective shops on the ground that the building is in a dilapidated condition and is required for purposes of demolition and new construction. The learned Additional District Judge came to the conclusion that the building is not in a dilapidated condition and, therefore, dismissed the landlord's petitions. Feeling aggrieved, the petitioner-landlord has filed these petitions.

(2.) I have heard Sri M.S. Misra, learned counsel for the landlord petitioner, and Sri Ajeet Kumar, learned counsel for the respective tenant respondents.

(3.) THE petitioner landlady owns two adjoining shops, bearing municipal Nos. 156 and 157, in Mohalla Gandhi Road, Khurja, district Bulandshahr. Shop No. 156 is in the tenancy of Dal Chand, the respondent in Writ No. 4155 of 1993, while Shop No. 157 is in the tenancy of Jumma Khan, respondent in the other petition. Each of tenants is paying Rs. 15/- per month as rent.