Hon’ble Sudhir Agarwal, J.—Heard Sri Pramod Jain, learned counsel for the petitioner and Sri A.K. Gupta, learned counsel for the respondent.

2. The facts as borne out from the record, in brief, are that there exist certain property bearing Municipal Nos. 302, 303, 304 and 305, situated at Western Kutchery Road, Meerut. It was owned by Sri Radhey Lal Singhal and Sri Surendra Singhal. The shape of property was like that of an Ahata consisting of two shops, one staircase and some open land, having a total area of about 176.57 sq. yards. One shop was in the tenancy of respondent, Arjun Kukreja, which is said to have commenced even before 1965. The petitioner purchased aforesaid property from its erstwhile owners, Sri Radhey Lal Singhal and Sri Surendra Singhal on 6.11.1971. It is said that a new plan got approved sometimes in 1977 from Meerut Development Authority and thereafter the entire existing construction was demolished and a new building was raised having three shops on the ground floor and other construction behind said shops. Besides, construction was also made on first floor and second floor. The construction of second floor consists of two rooms, verandah, kitchen an