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A. BANERJI
Shibboo – Appellant
Versus
Ist Additional District Judge, Ghaziabad – Respondent
JUDGMENT
A. Banerji, J. - This writ petition has been filed against an order passed by the 1st Additional District Judge, Ghaziabad in an appeal under Section 22 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred to as the Act. The Prescribed Authority, Hapur, had rejected the application of the landlord under Section 21 of the Act for the release of the building. On appeal the 1st Additional District Judge had allowed the application of the landlord and ordered ejectment of the tenant under Section 21 of the Act.
2. The dispute property belongs to a temple with deities. An application had been moved through the Manager under Section 21 of the Act. The petitioner Shibboo was the tenant of a Kotha along with open land. The applicant landlord claimed that the building in dispute was in a dilapidated condition and was not fit for residence and the landlord wanted to demolish it and raise new construction to augment the income of the temple. It was further claimed that the tenant had alternative accommodation and the requirement was for public good and the applicant had means to re-construct it. The application was contested by the ten
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