JUDGMENT

Thomas, J.-The controversy between the parties in this appeal has narrowed down to a very short question. A building became roofless before "allotment order" was passed under Section 16(1) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short the Act ). The question now remains in this appeals is : should the structure have necessarily been a roofed one on the date of allotment order ?

2. A summary of facts, out of which the said question has emerged, is given below :

A building situated at Meerut City owned by the contesting respondents father [Sana Ullah] was let out to one Deep Chand Gupta for a period of 5 years. On the expiry of lease period i.e. 3.8.1974, Deep Chand Gupta surrendered vacant possession of the building to the landlord. On 20.8.1974, the present appellant moved an application before the District Magistrate [who is the competent authority for passing allotment order under the Act] for allotment of the said premises to him. Sana Ullah filed his objections on 3.9.1974, in which he contended, inter alia, that the structure was not a "building" inasmuch as it had no roof then. The District Magistrate found that the structur