1952 (1) TMI 30

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..... of this block, the non-applicant holds his shop and the rest of the premises are otherwise occupied by him. The house in question had three floors, the first and second floors being in the possession of other tenants. Since the house was found to be in a dangerous condition due to disrepair and weakness, the Municipal Committee, Akola, ordered the Petitioner to demolish the dangerous portions of the first and second floors. Proceedings under Section 133 of the Code of Criminal Procedure appear to have been initiated also by the second non-applicant and a similar order was passed. The orders were complied with and the first and second floors were pulled down. 3. The Petitioner thereupon applied to the Rent Controller for permission to se .....

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..... annot be made without the tenant vacating the house. 6. In the present case it is clear that as a result of pulling down of the two floors the landlord is anxious to build her house afresh. Whether or not the landlord is able to build the house is not a question before us. The landlord states that she is anxious to build the house to its original size. In doing so, the landlord's contention is that she needs the premises because, for one thing, she wants these premises to be slightly altered so as to bear the weight of the superstructure properly, and secondly, because the staircase will have to be built from within those premises. The learned Additional Deputy Commissioner felt that item (vii) did not govern this case. It is obvious .....

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..... discretion of the owner of the property. In the present case the facts speak for themselves. The house has been pulled down to a very large extent because of defective construction and one of the engineers (that employed by the landlord) is of opinion that unless the existing structured is altered and strengthened two floors cannot be added. This opinion should prima facie be conclusive for the application of Clause 13(3)(vii) which covers the case of those alterations which are required for adding additional weight to the existing structure. 9. In our opinion this case is wrongly decided because the amplitude in item (vii) of Clause 13(3) of the Letting of Houses and Rent Control Order, 1949, is not grasped. This being a speaking order .....

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