JUDGMENT

R.C. Lahoti, J.-Leave granted.

2. Appellant is the landlord-owner of the suit premises in occupation of respondent as the tenant. Proceedings for eviction of the respondent were initiated by the landlord on the grounds available under clauses (a) and (b) of sub-section (1) of Section 21 of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972). The appellant s case was that the premises in occupation of the respondent were required bona fide by the appellant for his own business of fertilizers and agricultural implements. It was also alleged that the shop in occupation of the respondent was in a dilapidated condition. It was an old construction. Cracks had developed in the walls and the lintel. The corners of walls had given away. The local municipality had served a notice on the appellant on 27.02.1985 to demolish the verandah and lintel. Hence, it was necessary to demolish the shop and reconstruct the same.

3. The Prescribed Authority, which is the Trial Court, vide its judgment dated 15.02.1989 directed the appellant s application to be dismissed. The appellant preferred an appeal which was allowed. Vide the judgment